Del Condominium Rentals Inc. v Deschenes
Last updated: July 26, 2024
Order
Ordered by Diane Wade,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Del Condominium Rentals Inc. v Deschenes, 2021 CanLII 122097 (ON LTB)
File Number: TSL-19214-20
Timeline
Application Date
Nov 2020
Tenancy End Date
Apr 2021
Hearing Date
Jun 2021
Order Date
Aug 11, 2021
Decision
The tenancy is terminated effective April 13, 2021, the date the tenant vacated the rental unit. The tenant is ordered to pay $10,400.35 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, less the rent deposit and interest on the deposit. If the full amount is not paid by August 22, 2021, the tenant will owe interest at 2% annually on the outstanding balance.
Dispute
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 had vacated the rental unit on April 13, 2021, prior to the hearing date.
Determinations
- Tenant has not paid rent from October 1, 2020 to June 30, 2021
- Landlord served valid N4 Notice
- Tenant vacated on April 13, 2021
- Tenant in possession on application date
- Lawful monthly rent is $2,120.65
- Landlord collected $2,075.00 rent deposit
- Interest on rent deposit owed to Tenant from October 1, 2020 to November 4, 2020
Landlord's Arguments
Tenant's Arguments
Arguments
Tenant requested interest on rent deposit to start accruing from August 1, 2020 as they would be back to work in stage 2 of the provincial re-opening.
Actions and Evidence
Tenant vacated the rental unit on April 13, 2021 without paying full rent arrears.
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