Last updated: July 26, 2024
Ordered by Sandra Macchione,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$20,935
to Landlord
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Citation: Guo v Vanderlugt, 2021 CanLII 83973
File Number: HOL-06881-20-RV
Application Date
Dec 2020
Hearing Date
Mar 2021
Order Date
Apr 16, 2021
The Tenant shall pay the Landlord $20,760 in rent arrears and $175 for the cost of filing the application. If the Tenant does not pay the full amount by April 30, 2021, they will start owing simple interest at 2% annually on the outstanding balance.
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 Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant claimed she did not receive. The Tenant had paid $20,100 after the application was filed, but there were discrepancies between the Tenant's and Landlord's ledgers regarding the total rent owed.
Landlord had difficulty articulating the method of service for the N4 Notice, and admitted she did not see the person when the notice was left between the doors.
Landlord did not properly serve the N4 Notice, leaving it between the doors which is not a prescribed method of service.
Tenant claimed she did not receive the N4 Notice of Termination.
Tenant did not pay the total rent owed for the period from June 15, 2019 to March 31, 2021.
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Rent Arrears
$20,760
Application Fee
$175
Ordered Amount
$20,935 (to Landlord)
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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