Havill and Vollmer v Iravani and Amiri

Last updated: July 26, 2024

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Order

Ordered by Donald MacVicar,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: August 24, 2021
*** Lakeshore Road, Fort Erie, ON L2A 1B5
Uncontested Dispute

Decision in favor of

Landlord

Dispute Categories

Notices Sent

Non-payment of rent (N4)
ContentionLow

Agree with the ruling?

Citation: Havill and Vollmer v Iravani and Amiri, 2021 CanLII 118756 (ON LTB)

File Number: SOL-20055-21

Timeline

Tenancy End Date

Mar 2021

4 months

Hearing Date

Jul 2021

2 months

Order Date

Aug 24, 2021

Decision

The tenancy was terminated effective March 6, 2021, the date the tenants vacated the rental unit. The tenants are ordered to pay $722.06 to the landlords, which includes rent arrears up to the move-out date, compensation for the period from March 1 to March 6, 2021, and the cost of filing the application, minus the rent deposit and interest on the deposit.

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Dispute

Landlords 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 of Termination, which the tenants did not void by paying the arrears. The tenants had vacated the rental unit on March 6, 2021, prior to the hearing date.

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Determinations

  • Tenants did not pay rent from January 1, 2021 to March 6, 2021
  • Landlords served valid Notice of Termination effective February 16, 2021
  • Tenants moved out on March 6, 2021
  • Landlords acted reasonably
  • Landlords should receive daily compensation from March 1, 2021 to March 6, 2021
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Landlord's Arguments

Tenant's Arguments

Actions and Evidence

Tenants vacated the rental unit on March 6, 2021, without paying full rent arrears.

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