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Summarized by RentZenLast updated: July 26, 2024
358 Lynett Crescent, Richmond Hill, ON L4C2V3
Decision in favor of
landlord
Balance Owed to Landlord
$35,000
Agree with the ruling?
Application Date (Estimate)
Sep 2019
Hearing Date
Jul 2021
Order Date
Sep 23, 2021
Tenancy End Date
Oct 2021
We estimate Application Date using rent arrears.
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.
The Tenant disputes the arrears as claimed by the Landlord and testified that the parties came to an agreement in July 2021. However, the Tenant did not provide any evidence to demonstrate a different amount of arrears agreed to by the parties. The Tenant also confirmed he did not pay the rent for March 2021. The Tenant seeks the opportunity to preserve his tenancy but does not see himself having to pay the full amount of arrears claimed by the Landlord. The Tenant proposes to pay his rent on time effective August 2021. The Tenant also seeks four months to secure alternative housing, citing his 70-year-old mother and his own injury. However, given the high quantum of arrears beyond the Board's jurisdiction, the Tenant's failure to provide a concrete repayment plan, and the time that has elapsed since the hearing, the adjudicator finds that further delay is not warranted.
Tenant seeks the opportunity to preserve his tenancy but does not see himself having to pay the full amount of arrears claimed by the Landlord. Tenant proposes to pay his rent on time effective August 2021. Tenant also seeks four months to secure alternative housing, citing his 70-year-old mother and his own injury.
Tenant disputes the arrears as claimed by the Landlord and testified that the parties came to an agreement in July 2021, but did not provide any evidence to demonstrate a different amount of arrears. Tenant confirmed he did not pay the rent for March 2021.
The tenancy is terminated effective October 4, 2021. The Tenant must pay the Landlord $35,000, which represents the amount of rent owing and compensation up to September 23, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenant must also pay the Landlord $64.11 per day for compensation for the use of the unit starting September 24, 2021 to the date the Tenant moves out, and $186 for the cost of filing the application. If the Tenant does not pay the full amount owing by October 4, 2021, the Tenant will start to owe interest at 2% annually on the outstanding balance.
LTB Member
948
86.0%
8.3%
5.7%
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Lawful Rent
$1,950
Rent Arrears
$45,036
Application Fee
$186
Rent Deposit
$2,000
Total Owing
$35,000 (Owed to Landlord)
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