1351895 Ontario Ltd v Smith
Last updated: July 26, 2024
Order
Ordered by Member, Landlord and Tenant Board,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: 1351895 Ontario Ltd v Smith, 2021 CanLII 139853 (ON LTB)
File Number: TNL-31663-21
Timeline
Application Date (Estimate)
Jan 2021
Hearing Date
Sep 2021
Order Date
Oct 25, 2021
Tenancy End Date
Dec 2021
We estimate Application Date using rent arrears.
Decision
The tenancy is terminated effective December 15, 2021. The Tenants must pay the Landlord $10,952.30, which includes rent arrears up to October 25, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $52.51 per day for compensation for use of the unit starting October 26, 2021 until they move out. If the Tenants do not pay the full amount by November 5, 2021, they will owe interest. If the unit is not vacated by December 15, 2021, the Landlord may file the order with the Sheriff for enforcement.
Dispute
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 of Termination effective March 25, 2021, which the tenants did not void by paying the arrears. The parties agreed to delay the eviction until December 15, 2021, with the Tenants agreeing to pay $14,000 towards October rent and arrears by October 15, 2021.
Determinations
- Tenants did not pay rent from March 1, 2021 to September 30, 2021
- Landlord served valid Notice of Termination
- Tenants in possession of rental property
- Monthly rent is $1,597.09
- Landlord holds $1,597.15 rent deposit
- Interest owed to Tenants on rent deposit from January 1, 2021 to March 25, 2021
- Parties agreed to delay eviction until December 15, 2021
- Tenants agreed to pay $14,000 towards October rent and arrears by October 15, 2021
Landlord's Arguments
Tenant's Arguments
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