Landlord Wins Termination Case Against Elderly Tenants - Li and Tan v Dehanney
Landlords granted termination of tenancy against elderly tenants owing $7100 in rent arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
153 Summitcrest Dr, Richmond Hill, ON L4S1A9
Decision in favor of
landlord
Balance Owed to Landlord
$3,811
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2021
Hearing Date
Dec 2021
Order Date
Jan 5, 2022
Tenancy End Date
Jan 2022
Dispute Summary
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
Case Study
The Landlord's application is granted on the condition that the Tenants pay the rent arrears of $3,811 by January 1, 2022. If the Tenants do not pay the amount by the required date, the Landlords may file the order with the Court Enforcement Office (Sheriff) for eviction. 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.
Arguments and Actions
Tenant
Actions
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.
Decision Summary
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.
Adjudicator Details
LTB Member
Total Orders
120
Landlord Favorable
90.0%
Tenant Favorable
7.5%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$2,450
Rent Arrears
$7,100
Rent Deposit
$2,450
Other Owed Amount
$1,611
Per diem rent from January 1 to January 20, 2022
Total Owing
$3,811 (Owed to Landlord)
Source
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