Arora v Wieleba

Tenant wins · 2016-05-26

Adjudicator

Deputy Judge J. Sebastian Winny

Dispute

Non-payment of Rent

Amount

<$5K

Landlord

S.A.

Tenant

E.W.

Landlord rep

Mr. A. Arora

Tenant rep

Mr. T. Ellis

What happened

Landlord sued Tenant for 7 months of unpaid rent. Tenant argued she signed the lease under duress and that the landlord failed to provide her with a copy of the signed lease, which is a complete defense under the Residential Tenancies Act.

The ruling

The landlord's claim is dismissed. The court found that the landlord failed to provide the tenant with a copy of the signed lease, which is a complete defense under the Residential Tenancies Act. The tenant's argument of duress was rejected, and the court also found no failure to mitigate on the landlord's part.