Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$4,592
to Landlord
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Citation: 1000439649 Ontario Ltd. v Edwards, 2024 ONLTB 87912
File Number: LTB-L-025283-24
Application Date
Mar 2024
Tenancy End Date
Jun 2024
Hearing Date
Oct 2024
Order Date
Nov 26, 2024
The Tenants did not return vacant possession to the Landlord on March 21, 2024 as they claimed. The Tenants remained in legal possession of the rental unit until the Landlord obtained vacant possession on June 6, 2024. The Tenants are ordered to pay $4,591.65 to the Landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants had vacated the rental unit on an unknown date prior to the hearing date.
Landlord made multiple attempts to contact Tenants between April and June 2024 to confirm if they had vacated, but received no response.
Tenants argue the Landlord should have 'connected the dots' and concluded they had vacated based on the insurance cancellation and condition of the unit.
Tenants claim they vacated the rental unit on March 21, 2024 and informed the Landlord, but the Landlord denies receiving such a call.
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Lawful Rent
$1,700
Rent Arrears
$6,135
Application Fee
$186
Rent Deposit
$1,700
Deposit Interest
$30
Ordered Amount
$4,592 (to Landlord)
Click to switch between order outcomes
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