You are the paralegal representing landlord Brandon O’Brien.
You are the paralegal representing landlord Brandon O’Brien. Brandon called you on October 19th because he needs your help. Brandon rents an apartment in his 9-bedroom rental complex to Theresa and Terrence Thompson, a young married couple with no kids. However, Theresa and Terrence have fallen into rental arrears.
The rent is $2250 per month (due on the 1st). They entered their rental agreement on February 1st, 2020, with Theresa and Terrence providing last month’s rent in the amount of $2250 to Brandon on January 28th, 2020. Brandon has not paid any interest on the last month’s rent deposit.
The Thompsons always paid their rent fully and on time until April 2022. Apparently, Theresa lost her job in February. The details of the arrears are in the chart below.
Date of payment: Amount of Rent PAID:
April 1, 2022 $2000.00
May 1, 2022 $400.00
June 1, 2022 $0.00 (+ Cheque bounced – NSF charge on June 5/22)
July 1, 2022 $0.00 (+ Cheque bounced – NSF charge on July 7/22)
August 1, 2022 $1000.00
August 16, 2022 $200.00
September 1, 2022 $0.00
October 1, 2022 $0.00
Whenever a cheque bounced, Brandon’s bank also charged him an NSF charge of $50.00. All bounced cheques were dated the 1st of the particular month and were in the amount of $2250.
Brandon never sees Terrence, but rarely saw him before the cheques started bouncing. Theresa seems to be hiding from Brandon. Brandon finally saw Theresa on October 16th, and told Theresa that he was going to have to take her to the LTB since she owed him so many months’ worth of rent. Theresa started crying and explained that she had fallen behind on rent because she lost her job, and the amount she gets from Employment Insurance is less than her monthly rent. Her relationship with Terrence is going through a rough patch, and he comes and goes, only providing a little bit of money towards rent. Theresa also explained that she suffers from anxiety, so it’s hard for her to leave her house to find work. However, Theresa also told Brandon that things are looking better with Terrence; Terrence has apparently promised to move back in. Once Terrence moves back in, he’ll be contributing his share of rent again and Theresa said she will likely feel less anxious, which in turn will also make it easier for her to look for a new job. While your client is sympathetic to Theresa’s situation (and why he’s given her the benefit of the doubt for the last couple of months), he’s now getting very concerned that he may default on his mortgage. This is causing him great anxiety also, and he is having trouble sleeping (although he has no medical documentation for this).
Brandon wants us to help him evict Theresa and Terrence as soon as possible AND he wants the maximum amount of money that is due to him (including any administrative charges).
Questions:
Find TWO LTB cases, one that will be helpful to your client, and one that will be helpful to the tenant. The cases should be on the topic of LTB Member discretion (s. 83). I.e. find one case where the Member used their discretion to benefit a tenant, and find one case where the Member used their discretion to benefit a landlord OR refused to use their discretion in favour of a tenant.
each case, including:
Facts – a summary of the facts;
Issue – a description of the issue in the case, including any relevant RTA sections;
Reasons – a summary of the Member’s reasons in your own words; and
Decision – what did the Member decide
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