Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
-
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Application Date
Sep 2023
Hearing Date
Apr 2024
Order Date
Oct 28, 2024
Tenancy End Date
Nov 2024
The Landlord's application to terminate the tenancy and evict the Tenant is granted. The tenancy is terminated effective November 30, 2024. The Landlord is ordered to pay the Tenant $117.87 in interest on the rent deposit. If the Landlord does not pay the Tenant the full amount owing by November 8, 2024, the Tenant will start to owe interest at 6% annually on the outstanding balance.
The Tenant has lived at the rental unit for approximately 5 years and resides there with her three children, two of which attend school in the area. The Tenant requested five to six months from the date of the proceeding to find alternative accommodations, stating she has had difficulty finding housing in her price range in this area. The extended eviction would allow her school aged children to continue to attend school in the neighborhood.
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord has entered into an agreement of purchase and sale of the rental unit and the purchaser in good faith requires possession of the rental unit for the purpose of residential occupation. The Landlord also applied for an order requiring the Tenant to pay the Landlord's reasonable out-of-pocket expenses that are the result of the Tenant's failure to pay utility costs they were required to pay under the terms of the tenancy agreement.
The Tenant argued that the purchase of the rental unit by the purchaser is a sham to have the Tenant evicted and that the purchaser does not have a genuine intention to move into the rental unit.
The Tenant is a single mother of three and has attempted on multiple occasions to vacate the rental unit, however they face financial burdens given the housing market, and the Tenant was a victim of a housing scam which is presently being dealt with in Small Claims Court.
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Application Fee
$186
Rent Deposit
$2,200
Deposit Interest
$118
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