Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$10,000
to Landlord
Agree with the ruling?
Hearing Date
Oct 2022
Order Date
Oct 24, 2022
The Divisional Court dismissed the Tenant's appeal of the Landlord and Tenant Board's decision. The court ruled that the compensation payment made by the Landlord before serving the termination notice was valid under the Residential Tenancies Act. The eviction order was upheld, with the stay lifted as of October 31, 2022. The Tenant was ordered to pay $10,000 in costs to the Landlord.
The Landlord appealed a Landlord and Tenant Board order terminating the tenancy based on the property being sold and the purchaser requiring it for personal use. The main issue was whether the Landlord had properly paid the required one month's rent compensation to the Tenant under the Residential Tenancies Act.
Landlord argued that the payment made before the termination notice constituted valid compensation under the RTA.
Landlord provided the Tenant with a cheque for one month's rent, which was deposited into the Tenant's bank account.
Tenants contended that compensation under the RTA must be paid after the termination notice is served to be valid.
Tenants argued that the compensation payment was not valid because it was made before the termination notice was served and was intended to return October's rent payment.
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Other Amount
$10,000
Costs awarded to Landlord
Ordered Amount
$10,000 (to Landlord)
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