Last updated: July 26, 2024
Ordered by Arnab Quadry,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$35,000
to Landlord
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Citation: Cuenca v Full Cycle Material Solutions, 2021 CanLII 147645 (ON LTB)
File Number: TNL-26271-20
Application Date
May 2020
Hearing Date
Apr 2021
Order Date
Nov 18, 2021
The Landlords' combined L1/L2 application is dismissed. The N4 Notice was found to be void as the Landlords filed the application more than 30 days after the termination date specified in the notice, as required by the Residential Tenancies Act.
Landlords applied to terminate the tenancy and evict Tenants due to non-payment of rent and substantial interference. The Tenants argued that the N4 Notice was voided and the application was discontinued prior to the hearing.
Landlords attempted to negotiate an agreement with Tenants regarding outstanding arrears, but no agreement was reached.
N4 Notice was voided and application was discontinued prior to hearingTenancy agreement is not in prescribed form as required under the ActOnly Tenant is Full Cycle Material Solutions Inc.
Tenants paid $18,000 in rent on May 25, 2020 and continued paying rent until September 2020.
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Lawful Rent
$4,500
Rent Arrears
$9,000
Ordered Amount
$35,000 (to Landlord)
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