Last updated: July 22, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$13,672
to Landlord
Agree with the ruling?
Citation: Mantsvetov v Burtch, 2023 ONLTB 27288
File Number: LTB-L-037115-22
Application Date (Estimate)
Jul 2022
Hearing Date
Feb 2023
Order Date
Mar 22, 2023
Tenancy End Date
Apr 2023
We estimate Application Date using rent arrears.
The tenancy is terminated unless the Tenants void the order by paying the specified amounts. If not voided, Tenants must vacate by April 2, 2023, and pay $13,671.67 plus $73.97 per day from February 15, 2023, until they move out. The Landlords may file for eviction enforcement starting April 3, 2023, if the unit is not vacated.
Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Tenants owed $17,000 in arrears, causing financial distress to the Landlords. The Tenants requested an adjournment, which was denied. The Landlords served a valid N4 Notice, which the Tenants did not void by paying the arrears.
Landlords argued that an adjournment would cause prejudice due to the substantial arrears and resulting financial distress.
Landlords made numerous attempts to arrange repayment of arrears. They entered into a repayment plan with Tenants, which was not honored.
Tenants requested additional time to seek alternate accommodation.
Tenants fell into arrears due to Tenant 1's illness and maternity leave, and Tenant 2's unemployment. They made one payment of $1,750.00 since the application was filed.
Tenants did not seek legal advice or obtain counsel in advance of the hearing.
Failure to honor previous repayment arrangements
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Lawful Rent
$2,250
Rent Arrears
$17,000
Application Fee
$201
Rent Deposit
$2,250
Deposit Interest
$67
Ordered Amount
$13,672 (to Landlord)
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