Last updated: July 22, 2024
Ordered by Poeme Manigat,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$31,774
to Landlord
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Citation: HOUSE v Simmons, 2022 CanLII 87350
File Number: SOL-18270-20
Application Date
Nov 2020
Hearing Date
Jun 2021
Order Date
Feb 1, 2022
Tenancy End Date
Feb 2022
The Tribunal found that the tenancy is not viable as the Tenants are not able to afford the rental unit and the rent arrears keep increasing. The Tribunal ordered the termination of the tenancy and eviction of the Tenants, with the Tenants required to pay $31,774.44 plus $49.32 per day starting February 2, 2022. The Tenants can void the eviction order by paying $33,186 on or before February 12, 2022.
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.
Landlord successfully argued that the property is subject to the Residential Tenancies Act based on a previous LTB ruling.
Landlord denied turning off vital services and stated that he did not have the means to pay the utility bill because the Tenants are not paying the rent.
Tenants argued that the property is a Motel and not covered under the Act, and that the Landlord did not reference other LTB applications.
Tenants argued that the Landlord turned off vital services, but the Tribunal found no evidence to substantiate this claim.
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Rent Arrears
$10,232
Application Fee
$186
Damages
$21,355
Ordered Amount
$31,774 (to Landlord)
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