Last updated: November 3, 2024
Ordered by Mayra Sawicki,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$18,561
to Landlord
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Citation: 4160 Bathurst (Caleta) Holdings Inc. v Polat, 2024 ONLTB 49458
File Number: LTB-L-035244-23
Application Date
May 2023
Tenancy End Date
Feb 2024
Hearing Date
Apr 2024
Order Date
Jul 2, 2024
The tenancy was terminated effective February 16, 2024, the date the tenants vacated the rental unit. The tenants are ordered to pay $18,560.75 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit.
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. The tenants had vacated the rental unit prior to the hearing date.
Landlord argued that since this was a joint tenancy, both tenants are responsible for the full rent arrears.
Landlord alleged that vacant possession was not given until March 9, 2024 as a cable box was left in the unit and only one key was returned.
Tenant Polat argued he should only be liable for rent until March 27, 2023 when he vacated, while Tenant Kocabas argued rent is only owed until February 16, 2024 when she vacated.
Tenant Polat vacated the unit on March 27, 2023 due to a restraining order, but did not provide notice to the landlord. Tenant Kocabas vacated on February 16, 2024 and returned the unit key.
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Lawful Rent
$1,925
Rent Arrears
$20,363
Application Fee
$186
Rent Deposit
$1,925
Deposit Interest
$63
Ordered Amount
$18,561 (to Landlord)
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