Last updated: November 3, 2024
Ordered by E. Patrick Shea,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$12,992
to Landlord
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Citation: 2803225 Ontario Inc v Arthur, 2024 ONLTB 34583
File Number: LTB-L-020797-23
Application Date
Mar 2023
Hearing Date
Feb 2024
Order Date
May 16, 2024
Tenancy End Date
Jun 2024
The Landlord's application is granted. The tenancy is terminated unless the Tenant pays $23,236 by May 31, 2024 or $25,436 by June 30, 2024 to void the order. If the Tenant does not void the order, they must vacate the unit by June 30, 2024. The Landlord is entitled to compensation of $72.33 per day for use of the unit after February 13, 2024 until the Tenant vacates.
To allow Tenant to find new accommodations and avoid disrupting child's schooling
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 to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. Tenant Alexandra Arthur was still in possession of the rental unit, while Tenant Konstantin Milyavsky had vacated sometime before January 31, 2023.
Argued that Mr. Milyavsky remained a tenant and was more likely to pay the rent arrears.
Tenant has a young daughter attending school in the area, recently had a baby, and was sick during pregnancy which resulted in falling behind on rent payments.
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Lawful Rent
$2,200
Rent Arrears
$16,450
Application Fee
$186
Rent Deposit
$2,200
Deposit Interest
$112
Ordered Amount
$12,992 (to Landlord)
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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