Last updated: July 26, 2024
Ordered by Kevin Lundy,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$35,190
to Landlord
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Citation: Li Liu and Yan Zhu v Brittany Gerard and Matthew Whiteman, 2020 ONLTB 117706
File Number: TNL-23558-20
Application Date (Estimate)
Oct 2019
Hearing Date
Aug 2020
Order Date
Aug 31, 2020
Tenancy End Date
Sep 2020
We estimate Application Date using rent arrears.
The tenancy is terminated effective September 15, 2020. The Tenants must pay the Landlords $35,190 by September 15, 2020, which represents the rent arrears, administration charges, and costs capped at the Board's monetary jurisdiction limit. If the Tenants do not make this payment, they will owe interest starting September 16, 2020 and the Landlords can file the order with the Sheriff to enforce the eviction.
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 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 at the time of the hearing.
The Landlords' Agents opposed any further delay to termination if the Tenants could not pay the full balance outstanding. While the Landlords were sympathetic to the Tenants' situation, the loss of rental income has jeopardized their ability to cover their own mortgage.
Tenant Matthew Whiteman explained that he fell behind on rent payments when he lost his job shortly before the COVID-19 pandemic, and then lost another job during the pandemic. He is currently searching for a rental unit with lower monthly rent for himself and his three young children.
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Lawful Rent
$4,500
Rent Arrears
$49,500
Application Fee
$190
Rent Deposit
$4,500
Deposit Interest
$58
Other Amount
$60
NSF cheque administration charges
Ordered Amount
$35,190 (to Landlord)
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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