Martins v Tavares
Last updated: July 22, 2024
Order
Ordered by Margo den Haan,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Martins v Tavares, 2022 ONLTB 9086
File Number: LTB-L-000629-22
Timeline
Application Date (Estimate)
Sep 2021
Hearing Date
Sep 2022
Order Date
Dec 22, 2022
Tenancy End Date
Jan 2023
We estimate Application Date using rent arrears.
Decision
The tenancy is terminated unless the Tenants pay $25,786 by December 31, 2022 or $27,386 by January 6, 2023 to void the order. If the Tenants do not make the required payment, they must vacate the unit by January 6, 2023 and pay the Landlord $19,754.20 plus daily compensation of $52.60 from September 8, 2022 until move-out.
Dispute
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.
Determinations
- Landlord served valid N4 Notice
- Lawful rent is $1,600 per month
- No payments made since application filed
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
Landlord's Arguments
Tenant's Arguments
Actions and Evidence
Tenants claimed they had an arrangement with the upstairs tenant to pay rent, but could not provide any evidence to support this.
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