Last updated: August 6, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$29,341
to Landlord
Agree with the ruling?
Citation: Kirwin v Leblanc, 2024 ONLTB 15459
File Number: LTB-L-101632-23
Application Date (Estimate)
Feb 2023
Hearing Date
Feb 2024
Order Date
Mar 4, 2024
Tenancy End Date
Mar 2024
We estimate Application Date using rent arrears.
The tenancy will be terminated on March 31, 2024 unless the tenants pay $35,372 to void the order and continue the tenancy. If the tenancy is terminated, the tenants must pay $29,340.56 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants must also pay daily compensation of $84.66 for each day of occupation starting February 22, 2024 until they move out.
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. The tenants were still in possession of the rental unit on the hearing date.
Landlord's representative submitted that there has been no payment to the Landlord for a considerable amount of time and the arrears are almost at the Board's monetary jurisdiction. The Representative submitted that a delayed termination is highly prejudicial to the Landlord considering the amount of rent currently outstanding.
Tenants testified that they ran into financial difficulties due to a Canada Revenue Agency audit that resulted in their Child Tax Credit being cut off, and employment issues, making them unable to pay rent.
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Lawful Rent
$2,575
Rent Arrears
$32,611
Application Fee
$186
Rent Deposit
$2,575
Deposit Interest
$84
Ordered Amount
$29,341 (to Landlord)
Click to switch between order outcomes
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Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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