Last updated: July 26, 2024
Ordered by Dawn Sullivan,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$8,707
to Landlord
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Citation: Davis v Mercier, 2021 CanLII 102854 (ON LTB)
File Number: NOL-41678-20
Application Date
Dec 2020
Hearing Date
Jun 2021
Order Date
Jul 8, 2021
Tenancy End Date
Jul 2021
The tenancy is terminated effective July 19, 2021. The Tenant must pay the Landlord $8,707.42, which includes rent arrears up to the termination date and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant must also pay $27.95 per day for compensation for use of the unit starting July 9, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by July 19, 2021, the Tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by July 19, 2021, the Landlord may file the order with the Sheriff for enforcement.
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.
Tenant requested Board exercise discretion to allow him to pay $100 or $250 per month towards arrears.
Tenant immediately fell into rent arrears after moving in June 2020, despite receiving CERB since May 2020. Tenant has made no payments to Landlord since application was filed.
Tenant did not provide advance disclosure to Landlord or Board as required, so not permitted to raise issues under section 82 of the Act.
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Lawful Rent
$850
Rent Arrears
$4,063
Application Fee
$186
Rent Deposit
$850
Deposit Interest
$11
Ordered Amount
$8,707 (to Landlord)
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