Li and Tan v Dehanney
Last updated: July 26, 2024
Order
Ordered by Member, Landlord and Tenant Board,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Li and Tan v Dehanney, 2021 CanLII 150966 (ON LTB)
File Number: TNL-35051-21
Timeline
Application Date
Oct 2021
Hearing Date
Dec 2021
Order Date
Jan 5, 2022
Tenancy End Date
Jan 2022
Decision
The tenancy is terminated on January 20, 2022 on the condition that the Tenants pay $3,811 representing the arrears owing and per diem compensation to January 20, 2022. If the Tenants do not pay the amount by January 1, 2022, the Landlords may file the order with the Court Enforcement Office (Sheriff) for eviction starting January 2, 2022. If the Tenants pay the amount by the required date, they can remain in the unit until January 20, 2022 and must move out by that date. If the unit is not vacated by January 20, 2022, the Landlords may file the order with the Court Enforcement Office (Sheriff) for eviction.
Dispute
Landlords applied for an order to terminate the tenancy and evict Tenants because the Tenants entered into an agreement to terminate the tenancy. The Tenants signed the N11 notice because the Landlords sold the property and the purchaser is to move in, but the Tenants were not paid the required compensation pursuant to section 49.1 of the Residential Tenancies Act, 2006. The Tenants also owed $7,100 in rent arrears.
Determinations
- Monthly rent is $2,450
- Landlord holding last month's rent deposit of $2,450 with no interest owing
- Landlords and Tenants signed an agreement to terminate the tenancy on October 4, 2021 for October 29, 2021
- Tenants signed the N11 notice because the Landlord sold the property and the purchaser is to move in
- Tenants were not paid the required compensation pursuant to section 49.1 of the Residential Tenancies Act, 2006
- Tenants owe $7,100 in rent arrears
- Landlords have a cheque dated December 21, 2021 in the amount of $9,000
Landlord's Arguments
Tenant's Arguments
Actions and Evidence
Tenants were unable to pack due to having to accommodate viewings for the sale, plus they are elderly and one of the Tenants injured herself. Tenants have found accommodations and can move in January 20, 2022.
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