Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$2,429
to Landlord
Agree with the ruling?
Citation: 1212763 ONTARIO LTD. v Sampaio, 2024 ONLTB 10953
File Number: LTB-L-046423-23
Application Date (Estimate)
Dec 2023
Hearing Date
Jan 2024
Order Date
Feb 13, 2024
Tenancy End Date
Mar 2024
We estimate Application Date using rent arrears.
Unless the Tenant voids the order by paying $6,908.98 by February 29, 2024 or $9,146.41 by March 31, 2024, the tenancy will be terminated effective March 31, 2024. If the Tenant does not void the order, the Tenant must pay the Landlord $2,429.42, which includes rent arrears and the application filing fee, minus the rent deposit and interest on the deposit.
Tenant's current income is EI and he is unable to pay the arrears and new rent due. Tenant expects to return to work in April and receive a tax refund, but did not provide evidence to support this.
Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears. The tenant was still in possession of the rental unit on the hearing date.
Tenancy should be terminated as it is not feasible for the Tenant to pay the arrears and new rent due.
Tenant can pay the arrears if given until end of April when he goes back to work and gets his tax return.
Tenant has been making $1,000 bi-weekly installment payments in good faith as he receives EI, but it is not enough to cover the monthly rent.
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Lawful Rent
$2,237
Rent Arrears
$4,486
Application Fee
$186
Rent Deposit
$2,183
Deposit Interest
$59
Ordered Amount
$2,429 (to Landlord)
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