Last updated: July 22, 2024
Ordered by Greg Joy,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Cheng v Tabatabaei Soltani, 2022 CanLII 56721 (ON LTB)
File Number: TNL-32132-21
Hearing Date
Aug 2021
Order Date
Jan 10, 2022
The Landlord's application for termination of tenancy and eviction of Tenants for personal use was dismissed. The Landlord failed to comply with the Residential Tenancies Act requirement to pay Tenants one month's rent prior to the termination date. Although the Landlord initially made the payment, it was cancelled and not reissued before the termination date, resulting in non-compliance.
Landlord applied to terminate tenancy and evict Tenants for personal use of the rental unit. Landlord also claimed compensation for each day Tenants remained in the unit after the termination date. The application was dismissed due to Landlord's non-compliance with the Residential Tenancies Act requirement to pay one month's rent to Tenants prior to the termination date.
Landlord paid required one month's rent on June 18, 2021, but cancelled the payment on June 21, 2021, and did not make the payment before the termination date.
Landlord failed to maintain the required one month's rent payment to Tenants before the termination date, violating the Residential Tenancies Act.
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