Last updated: July 26, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$1,250
to Landlord
Agree with the ruling?
Citation: Ianni v McMullen, 2021 CanLII 129716 (ON LTB)
File Number: TEL-16869-21
Hearing Date
Aug 2021
Order Date
Sep 22, 2021
The Landlord's application is dismissed because the Landlord failed to comply with the strict requirements of section 55.1 of the Residential Tenancies Act, 2006 to compensate the Tenant by the termination date. The Tenant must return the $1,250 compensation paid by the Landlord.
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.
The Landlord argued that the cheque must have been received because the Tenant has previously received documents placed in her mailbox.
The Landlord's son testified that he placed a compensation cheque in the Tenant's mailbox on April 27, 2021, but did not inform the Tenant or verify if the cheque was received.
The Landlord failed to comply with the strict requirements of section 55.1 of the Residential Tenancies Act, 2006 to compensate the Tenant by the termination date.
The Tenant raised a preliminary issue based on section 55.1 of the Residential Tenancies Act, 2006, which requires the landlord to compensate the tenant no later than the termination date.
Need assistance from an expert?
Other Amount
$1,250
Compensation paid to Tenant that must be returned
Ordered Amount
$1,250 (to Landlord)
Click to switch between order outcomes
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.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.
Landlord wins LTB case against Mississauga tenants for non-payment of rent, tenancy terminated and tenants ordered to pay over $13,000.
Toronto tenant faces eviction for non-payment of $5,436 in rent arrears.
