Chai v Clarke

Last updated: August 6, 2024

Order

Ordered by Lindsay Phomin,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: February 12, 2024
*** Little Lake Road, Brighton, ON K0K1H0
Contested Dispute

Decision in favor of

Landlord

Ordered Amount

$7,708

to Landlord

Dispute Categories

ContentionLow

Agree with the ruling?

Citation: Chai v Clarke, 2024 ONLTB 80412

File Number: LTB-L-080412-23

Timeline

Application Date (Estimate)

Sep 2023

5 months

Hearing Date

Feb 2024

5 days

Order Date

Feb 12, 2024

1 months

Tenancy End Date

Mar 2024

We estimate Application Date using rent arrears.

Decision

The tenancy will be terminated on March 21, 2024 unless the Tenant pays the full amount owing by that date. The Tenant may void the order and continue the tenancy by paying $10,026.00 by February 20, 2024, $11,666.00 by March 20, 2024, or $13,306.00 by March 21, 2024. If the Tenant does not void the order, they must pay $7,707.79 to the Landlord and will owe daily compensation of $53.92 until they vacate the unit.

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Dispute

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The parties reached an agreement during a mediation session.

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Determinations

  • Lawful rent is $1,640.00 due on the 21st of each month
  • Tenant has not made any payments since the application was filed
  • Rent arrears owing to February 20, 2024 are $9,840.00
  • Landlord incurred $186.00 in application filing fees
  • Landlord collected a $1,600.00 rent deposit from Tenant
  • Interest on the rent deposit is $48.77 owed to Tenant
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Landlord's Arguments

Arguments

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Actions and Evidence

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Procedural Errors

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Considerations

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Tenant's Arguments

Arguments

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Actions and Evidence

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Procedural Errors

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Considerations

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Financial Details

Lawful Rent

$1,640

Rent Arrears

$9,840

Application Fee

$186

Rent Deposit

$1,600

Deposit Interest

$49

Ordered Amount

$7,708 (to Landlord)

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