NON-PAYMENT OF RENT, NOISE COMPLAINTS, UTILITIES

• Group 3B Representatives for the Tenant

CASE STUDY: Non-Payment of Rent, Noise Complaints & Utilities

John (Landlord) applied for an Order to terminate the tenancy and evict Michelle Barrenwark (Tenant) from Unit 4B, because the tenant did not pay the rent that they owe.

Three months ago, from today's date, the Landlord woke up to the sound of someone knocking loudly on his front door. He opened the door to find his tenant of Unit 4B, standing before him very angry. The tenant had arrived home from her night-shift to find her driveway blocked by the Landlord's car, and a padlock on the door of her rental unit.

For the past 2 months, the tenant has been behind on her rental payments. The Landlord had tried to contact the tenant regrading the overdue rent on several occasions. When the landlord could not get her attention, he decided to block her driveway and lock her out of the unit. A shouting match ensued, which was only brought to an end when the tenant called the police. The police ordered the Landlord to remove both the car and the lock on the door.

Things got worse a week later when Tenant experienced water, internet, and power outages at her unit 4B. She called the Landlord to complain about this.

The Landlord was frustrated with the fact that the Tenant was still behind with her rent and the fact that her neighbors were constantly calling him to file noise complaints against her. She shared the unit with her three adult sons. The landlord decided to take steps to evict the tenant and her family from the unit.

Note:Cases will not be provided to you in a perfect order of facts, issues, and damages. You must apply critical thinking, knowledge and attention to detail in order to identify the items, count days and figure out calculations. Research, Research, and Prepare!

Tip:Place your facts in order. Look at the case from every lens, Tenant, Landlord and the Adjudicator.

ASSIGNMENT - PART A: LEARN THE CASE

ASSIGNMENT DESCRIPTION AND GUIDANCE

Answer the following questions in a Legal Memorandum Format.

1. If you were representing the tenant in this matter, what would be the first step that you would take?
2. If you were representing the Landlord in this matter, what would be the first step that you would take?
3. What are the facts, issue(s), and damages, if any?
4. What evidence would you request, if you were acting for the Landlord?
5. What evidence would you request, if you were acting for the Tenant?
6. Are there any deadlines that must by complied with? Please refer to the appropriate Rule(s) to support your answer.
7. Would the landlord or tenant initiate this claim? What form needs to be completed? Why?
8. In your opinion, what would be the LTB's decision? Explain your position, provide two case laws, which support your position and explain why. Highlight the paragraphs of the case law that supports your opinion, and prepare two Case Briefs for your instructor's reference.

MOST IMPORTANT I AM LOOKING FOR THE ANSWER FOR QUESTION # 8