Last updated: July 26, 2024
Ordered by Douglas Wilkins,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$18,655
to Landlord
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Citation: Bayat v Wu, 2021 CanLII 91826 (ON LTB)
File Number: TNL-28537-20
Application Date
Dec 2020
Hearing Date
Apr 2021
Order Date
May 31, 2021
Tenancy End Date
Jun 2021
The tenancy is terminated effective June 11, 2021. The Tenant must pay the Landlord $18,654.64, which includes rent arrears up to May 31, 2021, the cost of filing the application, and NSF cheque charges, less the rent deposit, interest on the deposit, and the abatements owed to the Tenant. The Tenant must also pay $80.55 per day for compensation for use of the unit starting June 1, 2021 until the Tenant vacates. If the Tenant does not pay the full amount by June 11, 2021, the Tenant will owe interest on the outstanding balance. If the unit is not vacated by June 11, 2021, the Landlord may file the order with the Sheriff for enforcement.
Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears.
Tenant argued that it would be unfair for him to be held responsible for all of the rent arrears because there are two tenants on the lease, one of whom vacated the rental unit before the Landlord filed the application. Tenant argued he should only be responsible for half the arrears and the Landlord should have mitigated his damage by re-renting part of the rental unit.
Tenant vacated the rental unit on September 8, 2022, without paying full rent arrears.
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Lawful Rent
$2,450
Rent Arrears
$22,050
Application Fee
$186
Rent Deposit
$2,450
Deposit Interest
$45
Other Amount
$20
NSF cheque charges
Ordered Amount
$18,655 (to Landlord)
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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