Last updated: July 22, 2024
Ordered by William Greenberg, Jagger Benham,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$20,111
to Landlord
Agree with the ruling?
Citation: Banken v Foggo, 2022 ONLTB 13142
File Number: LTB-L-028976-22
Application Date (Estimate)
Nov 2021
Hearing Date
Oct 2022
Order Date
Nov 30, 2022
Tenancy End Date
Dec 2022
We estimate Application Date using rent arrears.
The Landlord's L2 application for personal use was dismissed due to improper compensation payment. The L1 application for non-payment of rent was successful. The tenancy is terminated unless the Tenant pays $20,111.00 by December 10, 2022. If not paid, the Tenant must vacate by December 11, 2022, and pay $17,752.26 plus $55.07 per day from October 19, 2022, until move-out.
Landlord filed two applications: L1 for non-payment of rent and L2 for personal use of the rental unit. The L2 application was dismissed due to improper compensation payment. The L1 application was successful, resulting in an eviction order unless the Tenant pays the arrears.
Landlord argued that rent arrears calculations were correct based on records when completing the L1 application.
Landlord has been living in a motel awaiting the vacating of the house, as evidenced by receipts provided to the Board.
Landlord failed to pay the N12 compensation to the Tenant on or before the termination date of April 30, 2022, resulting in dismissal of the L2 application.
Tenant's representative requested dismissal of L1 application, asserting incorrect rent arrears calculation.
Tenant has not made any payments since the application was filed and has accumulated significant rent arrears.
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Lawful Rent
$1,675
Rent Arrears
$19,925
Application Fee
$186
Ordered Amount
$20,111 (to Landlord)
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