BN and DN v TAM
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$1,534
to Landlords
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: BN and DN v TAM, 2018 CanLII 42871 (ON LTB)
File Number: TSL-92180-18
Timeline
Application Date (Estimate)
Feb 2018
Hearing Date
Mar 2018
Order Date
Mar 26, 2018
Tenancy End Date
May 2018
We estimate Application Date using rent arrears.
Decision
Tenancy terminated effective May 31, 2018. Tenant ordered to pay $1,533.70 to Landlords, which includes rent arrears, NSF cheque charges, and related administration charges, less the rent deposit and interest owed on the deposit. Tenant also ordered to pay $49.97 per day in compensation for continued occupancy after March 27, 2018.
Dispute
Landlords applied to terminate the tenancy and evict Tenant due to non-payment of rent and persistent late payment of rent. Tenant withheld partial rent in January 2018 due to furnace breakdown, but Landlords addressed the issue promptly.
Determinations
- Tenancy began on 2016-10-01
- Current rent is $1,520 per month
- Tenant did not pay full rent for January 2017, February 2018, and March 2018
- Landlords collected $1,500 rent deposit
- Tenant incurred $350 for emergency furnace repairs in January 2018
- Landlords incurred $1,783.61 to repair furnace
- Tenant provided NSF cheques in August 2016, August 2017, October 2017, and December 2017
- Landlords incurred $75 in NSF cheque charges and $100 in related administration charges
Landlord's Arguments
Actions and Evidence
Landlords promptly addressed furnace issue and incurred $1,783.61 in repair costs.
Tenant's Arguments
Arguments
Tenant claimed health issues and need to move out with two young children.
Actions and Evidence
Tenant withheld partial rent in January 2018 due to furnace breakdown, but did not notify Landlords immediately.
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Financial Details
Lawful Rent
$1,520
Rent Arrears
$1,534
Application Fee
$190
Rent Deposit
$1,500
Deposit Interest
$59
Other Amount
$175
NSF cheque charges and related administration charges
Ordered Amount
$1,534 (to Landlords)
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