Landlord Wins Rent Arrears Case Against Oshawa Tenants: 2318393 Ontario Inc v Dundas 2021
Oshawa landlord awarded $10580 in rent arrears, tenants ordered to vacate by July 31
Summarized by RentZenLast updated: July 26, 2024
Case Summary
25 477 Dean Avenue, Oshawa, ON L1H3E4
Decision in favor of
landlord
Balance Owed to Landlord
$10,580
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2020
Hearing Date
Jun 2021
Order Date
Jul 14, 2021
Tenancy End Date
Jul 2021
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenants due to non-payment of rent. The Tenants owed rent arrears as set out in the order.
Determinations
- Tenant owes rent arrears
- Tenant requests delay in eviction until July 31, 2021
- Minimal 6-day delay allowed to give Tenant opportunity to move
Case Study
The Tenant asked for a delay in eviction until July 31, 2021 as he had found a new apartment for August 1. Although his evidence was not compelling, it would not be unfair to allow the minimal 6-day delay to give him the opportunity to move at the end of the month.
Arguments and Actions
Tenant
Actions
Tenant asked for delay in eviction until July 31, 2021 as he had found a new apartment for August 1.
Decision Summary
The tenancy is terminated effective July 31, 2021. The Tenants shall vacate the unit on or before July 31, 2021. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement starting August 1, 2021. The Tenants shall pay the Landlord $10,580.25, which includes rent arrears up to July 14, 2021 and the Landlord's filing fee, less the rent deposit and interest. The Tenants shall also pay the Landlord $45.24 per day in compensation for the use of the unit from July 15, 2021 to the date they vacate. If the Tenants do not pay the full amount owing by July 31, 2021, they will owe simple interest calculated from August 1, 2021 at 2.00% annually on the balance outstanding.
Adjudicator Details
LTB Member
Total Orders
367
Landlord Favorable
88.6%
Tenant Favorable
4.1%
Mutual Agreement
7.4%
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Financial Details
Rent Arrears
$11,770
Application Fee
$186
Rent Deposit
$1,376
Total Owing
$10,580 (Owed to Landlord)
Source
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