Question
I need help creating an open statement, be able to clarify our issues (or just explain them really well in the opening) and have some
I need help creating an open statement, be able to clarify our issues (or just explain them really well in the opening) and have some ideas of where we can negotiate with the landlord
I need some similar case law from canlii if it is possible.
Scenario
The tenant, Chad Stick, and the landlord, Giovanni Ritorno, entered into a residential lease on the terms contained in the attached lease. The landlord and tenant have had a great relationship since the tenancy began. Recently, however, there have been some problems. The tenant has not paid rent for the last eight months. Mr. Stick says that he refuses to pay rent because he wants to get the attention of the landlord, who he says has been ignoring him for months. Mr. Stick says there have been a lot of problems with the place for the last 12 months. Some of the problems he says need fixing is a leaky faucet in the bathroom, a broken window crank in one of the three bedrooms, the glass stovetop is cracked, and the refrigerator is not working at all. The tenant says some of the repairs have recently been done, but not all. According to the tenant, the stovetop and the refrigerator still need repairing. The tenant says that because of the maintenance issues he has not been able to supply himself with food and meals in the unit. The landlord says that all repairs have been done. The landlord says the stovetop was broken by the tenant and that he has repaired the refrigerator four times. The landlord is angry that the tenant has not paid any rent for the last eight months and wants to evict the tenant immediately.
Additional information:
The tenant has told you he plans to move and has found another rental place with the tenancy starting in three months from now. The tenant tells you that he has heard that most landlords in the area are paying tenants a lump sum of money to leave. He tells you the reason for landlords doing this is to avoid having to go to the Landlord and Tenant Board. Knowing this, the tenant tells you even though he plans to leave the unit, he wants the landlord to pay him to leave. The tenant wants three months' worth of rent in order to agree to leave.
The landlord does not know this.
OUR MEDIATION BRIEF OF JOHN SMITH (Tenant)
(Mediation scheduled for June 3, 2022)
Background
Mr. Chad Stick leased a unit at 5 Systane Lane, Ajax Ontario T1T 1T1, as the sole occupant on February 1st, 2022. The standard lease form was used.
Law
Under s 20 (1) of the Residential Tenancies Act, 2006, the landlord Mr. Ritorno is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. (will add in case law if we find some).
Issues
The tenancy began on February 1st, 2021.
The lease is currently month to month.
On April 11th, 2022, the tenant, Mr. Stick was served with a Notice to End your Tenancy for Non-payment of Rent form (N4), by his landlord Mr. Ritorno for non payment of rent.
Mr. Ritorno wants to evict Mr. Stick immediately.
Mr. Stick has not paid rent for the past eight months.
The tenant Mr. Stick has been trying to get various issues repaired for months.
In the past eight months the tenant has needed repairs for a broken window crank, the refrigerator and stove.
The window crank has been repaired.
The stove top is still cracked.
The refrigerator does not work at all.
Mr. Ritorno has fixed the refrigerator four times in the past eight months and says it's fine.
Mr. Ritorno claims the tenant broke the stove top and he is not responsible for the repairs.
The tenant has not been able to keep food for himself or prepare food in the unit due to these broken appliances.
Mr. Stick has been forced to eat out daily at a cost of $20.00 a day.
Proposed resolution.
We proposed that, since there have been issues with the major appliances for the past 8 months that have rendered the appliances unusable, that Mr. Ritorno have a professional repair person come in to repair both the refrigerator and stove on or before June 10th, 2022. We also purposed that due to Mr. Ritorno failing to meet his obligations under s 20 (1) of the RTA, that three months of rent ($10,600.00) is taken off the rent arrears owing, and the tenant will pay the outstanding rent of $10,600 plus $2650 for the month of June, for a total of $13,250.00 by June 10th, 2022. Regular monthly rent payments of $2650.00 will resume on July 1st, 2022.
We propose that the tenant be allowed to stay in the until August 31st, 2022. The tenant has secured a new place for September 1st, 2022, and will vacate the unit on August 31st 2022. The rent for August will be paid via the last month's rent deposit that was given at the time of the lease signing on February 1st, 2021.
Status of the litigation.
There have been no proceedings with this issue since the N4 was filed with the board on April 11th, 2022.
Evidence
Emails between Mr. Ritorno and Mr. Stick regarding repairs
Written Statement from previous tenant at 5 Systane Lane, Ajax Ontario T1T 1T1.
Receipts for eating out.
Copy of lease.
Written statement from Mr. Stick's boyfriend.
Written statement from Mr. Stick's mom who need to cook for him almost every day.
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