Eviction of Tenant for Non-Payment of Rent and Legal Research on Tenancy Termination in Ontario

Part 1: Eviction Process for Non-Payment of Rent

It contains legal forms and written portion. Please help me out with the same. Make sure no plagiarism Assignment Description: The Rationale The object of this assignment is to prepare all material needed to evict a tenant for non-payment of rent and to research a case dealing with the termination of a tenancy for reasons other than non-payment of rent. Instructions There are two parts to this assignment. In Part 1, you must complete the following forms which you will find at the Landlord and Tenant Board (LTB) website (http://www.sjto.gov.on.ca/ltb/): N4 Certificate of Service for N4 L1 L1/L9 Information Update Tenant’s Motion to Void an Eviction Order for Arrears of Rent The Board provides instructions on completing the forms. When in doubt, check the instructions! When you have input your data into a form, go back and proofread it carefully. Hand in all pages including the “Checklists”. All forms must be typed, not hand-written. In Part 2, you will conduct legal research on a landlord and tenant issue and prepare a Case Summary, details of which are outlined on page 3. ?Part 1: ?Julia Ogden, an accountant, rents a fully self-contained basement apartment (it includes a kitchen, living room, bedroom and bathroom) at 4629 Crabtree Lane, Brampton, Ontario L3H 2X3. Her landlady, Sally Pendrick, lives upstairs at the same address. Julia’s telephone number is 905 555-1212. Sally’s telephone number is 905 555-1313. The tenancy commenced on February 1, 2017 at a rent of $1200.00 per month, payable on the first day of each and every month. There is no written tenancy agreement. Before Julia moved in, Sally requested a deposit of $1200.00 for last month’s rent which she paid on January 23, 2017. Sally has never paid Julia any interest on the last month’s rent deposit and the rent had never been raised since Julia moved in. ?On July 1, 2020 Julia failed to pay her rent. When Sally asked her about it, Julia said that she was waiting for a cheque from a client. Despite repeated requests from Sally, Julia also failed to pay the rent for August and September 2020. Landlord and Tenant Board Forms (a)?Sally prepares an N4 Notice of Termination to be served on September 10, 2020. Complete the N4 naming the earliest available termination date. Sally signs the N4 on September 10, 2020. • Sally serves the N4 on September 11, 2020 by handing it to Julia. • Complete a certificate of service of the N4 which Sally signs on September 11, 2020. • Julia fails to pay any money to Sally to put the tenancy into good standing during the notice period on the N4. She knocked on her door several times but there was never any answer. In frustration, Sally contacts you, a licensed paralegal, to take the next step towards terminating the tenancy and evicting Julia. Complete an L1 application form for Sally. You will sign the application as Sally’s representative. Date the L1 October 6, 2020. Your information is as follows: You have your own paralegal practice and your office is located at 123 Sheridan Crescent, Unit 22, Mississauga, ON  Your Law Society of Ontario number is P12345. You will pay the L1 fee in cash. You are not available to attend a hearing on October 26-30, 2020 or November 4, 5, 12 and 16, 2020. The Board assigns file number CEL-12345-20 to the application when it is issued on October 7, 2020. • You attend the hearing scheduled by the LTB for November 20, 2020. Complete and sign the L1/L9 Information Update form as Sally’s representative. Julia Ogden attends the hearing and indicates to the Board that she has about $1200.00 to pay to Sally but needs another 2 months to catch up. Sally isn’t prepared to accept it because Julia owes a lot more and Sally has another tenant lined up. An order is issued on November 20, 2020 terminating the tenancy and directing the Sheriff to evict the tenant on or after December 2, 2020 if she fails to pay all the outstanding rent and costs by December 1, 2020. • On December 3, 2020, Julia manages to come up with all of the money she owes Sally. She gives Sally a certified cheque on that date for the total amount indicated in the eviction order of November 20, 2020. Sally tells Julia that she already sent the order to the Sheriff to enforce. Frantic, Julia completes and signs a “Tenant’s Motion to Void an Eviction Order for Arrears of Rent” that same day. For the purposes of the form, indicate the amount of the certified cheque to be $0000. ?Part 2: Using CanLII, Quicklaw or Westlaw, research a decision from the Ontario Landlord and Tenant Board no older than 2012 in which a landlord brought an application to terminate a tenancy based on one (or more) of the following grounds: (a)?illegal act (b)?causing damage (c)?interfering with reasonable enjoyment of others (d)?impairing safety of others (e)?overcrowding Be sure the case you select is not a tenant application or a landlord application to terminate for non-payment of rent. Select a case in which reasons are provided (not just the order of the board). You will not be able to provide a meaningful summary if you choose a decision without reasons. Decisions will not have the names of the parties. You may refer to the parties simply as “landlord” and “tenant”. Prepare a short, concise summary of the decision under the following headings starting with the citation at the top (eg. 2018 CanLII 1234; the Landlord and Tenant Board file number is NOT a legal citation): ?(a)?Purpose (be brief: eg. “Landlord application to terminate a tenancy and evict a ????tenant due to …”) ?(b)?Facts (summarize, do not cut and paste from the case) ?(c)?Issue(s) (what does the board have to determine? eg. “Whether the tenant …”) ?(d)?Law (which section(s) of the RTA applies to the matter. Identify the applicable ????section ?even if the board doesn’t specifically mention it in the decision.) ?(e)?Decision (do NOT cut and paste the board’s decision. I want to know why the ????board decided, for example, that certain behaviour constituted interference with ????reasonable enjoyment. I’m not concerned about payment of application fees, ????interest etc.) The goal is for you to learn something from the decision. o This is not a formal case brief but a short summary of the decision (maximum 2 pages in length, 12-point font, double spaced with proper margins). o Do not submit the case with your assignment. Specifications • Make sure your submissions are free from spelling, structural, grammatical, or punctuation errors. • All forms must be typed, not hand-written. Forms that are hand-written will lost 20%. • Academic Integrity will be strictly enforced. Course learning outcomes This assignment corresponds to the following learning outcomes, as indicated in the Course Outline for LAWS14602: 2.?Evaluate whether a landlord has legal grounds for an application to the Landlord and Tenant ?Board. 4.?Explain the legal obligations of residential tenants. 6.?Analyze whether a tenant has a defence to a landlord application to the Landlord and Tenant ?Board. 7.?Accurately complete various Landlord and Tenant board forms, including Notice of ?Termination, Application to Terminate and Tenant Application and upload the final version ?of assigned forms into the student’s e-portfolio. Rubric A rubric is found on the next page.