Last updated: July 26, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Monies to be paid to Landlord
$9,030
Agree with the ruling?
Application Date
May 2020
Tenancy End Date
Sep 2020
Hearing Date
Jul 2021
Order Date
Sep 3, 2021
The tenancy is terminated effective September 27, 2020, the date the Tenants returned vacant possession to the Landlord. The Tenants shall pay the Landlord $9,029.82, which represents arrears to September 27, 2020 and costs, less the deposit and interest. The Landlord's application for damages is dismissed.
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and for undue damage to the premises. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.
Landlord argued that the Tenants should have known the damages the Landlord was seeking based on the N5 notice, and that the application should be able to proceed despite the blank box on the application.
Landlord submitted a screenshot of text messages showing the Tenants returned the key on September 27, 2020.
Tenants objected to the Landlord's request to amend the application to include a description of the damages, arguing that the Landlord is required to properly plead the damages in order for the Tenants to know how to respond to the claim.
Tenants vacated the rental unit on September 15, 2020 and returned the key to the Landlord.
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Lawful Rent
$2,200
Rent Arrears
$8,840
Application Fee
$190
Rent Deposit
$2,200
Deposit Interest
$27
Total Amount to Be Paid
$9,030 (To be paid to Landlord)
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