Last updated: July 22, 2024
Ordered by Greg Joy,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$5,916
to Landlord
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Citation: Cheng v Trigg, 2022 CanLII 106828
File Number: HOL-11802-21
Application Date
Jan 2021
Hearing Date
Feb 2022
Order Date
Feb 11, 2022
Tenancy End Date
Apr 2022
The tenancy is terminated effective April 30, 2022. The Tenant must vacate the unit by that date. The Tenant must pay the Landlord $5,851.75 for use of the unit from November 15, 2021 to February 11, 2022, and $65.75 per day from February 12, 2022 until the Tenant moves out. If the Tenant does not pay the full amount by February 22, 2022, the Tenant will owe interest. If the unit is not vacated by April 30, 2022, the Landlord can file the order with the Sheriff to enforce the eviction.
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord has entered into an agreement of purchase and sale of the rental unit and the purchaser requires possession of the rental unit for the purpose of residential occupation.
Landlord testified that she went to the rental home to give the Tenant the compensation cheque, but the Tenant's mother quickly closed the door, and the Landlord placed the envelope under the door. The Landlord also testified that the closing date has changed because the purchaser is waiting for the Tenant to vacate the unit.
Tenant argued that the Landlord did not pay the required compensation before the termination date, and that the Landlord has not sold the property because there are multiple purchase and sale agreements.
Tenant has resided in the home for approximately 5 years.
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Damages
$5,851
Other Amount
$65
Compensation for use of unit from February 12, 2022 to move-out date
Ordered Amount
$5,916 (to Landlord)
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