Landlord Wins Rent Dispute: Torto v Brott 2023
Brantford tenants ordered to pay $2839 in rent arrears on 18-month payment plan
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 102 Sarah St, Brantford, ON N3S3A5
Decision in favor of
landlord
Balance Owed to Landlord
$2,839
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
May 2023
Hearing Date
Jul 2023
Order Date
Jul 27, 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Tenants contested lawful rent amount
- Rent increase to $1,204 per month was lawful
- Landlords served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants still in possession at hearing date
- Lawful rent is $1,204 per month
- Rent arrears of $2,653 as of July 31, 2023
- Landlords entitled to $186 application fee
- Landlords holding $1,175 rent deposit
- Tenants owed $31.48 interest on rent deposit
Case Study
The Tenants contested the lawful rent amount, but the evidence showed that the rent increase to $1,204 per month was lawful as the Tenants had paid the increased rent for at least 12 consecutive months. The Landlords were entitled to the rent arrears and the application filing costs, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Arguments
Landlords argued the lawful rent was $1,204 per month.
Tenant
Arguments
Tenants argued the lawful rent should be $962.20 per month.
Actions
Tenants stopped paying rent because they were contesting the lawful rent amount.
Decision Summary
The Tenants are ordered to pay $2,839 to the Landlords, which includes rent arrears up to July 31, 2023 and the application filing fee, minus the rent deposit and interest on the deposit. The Tenants are granted a payment plan of 18 months to pay the arrears, and must also pay the ongoing monthly rent on time and in full. If the Tenants fail to make any of the scheduled payments, the Landlords may apply to terminate the tenancy.
Reason for Eviction Relief
Tenants have no other considerations except contesting the lawful rent. Landlords are retired and need the rent to supplement their income.
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,204
Rent Arrears
$2,653
Application Fee
$186
Rent Deposit
$1,175
Deposit Interest
$31
Total Owing
$2,839 (Owed to Landlord)
Source
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