Last updated: July 26, 2024
Ordered by Vladimir Nikitin,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$30,638
to Landlord
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Citation: Montgomery Square Inc. v Jackson and Renaud, 2020 ONLTB 120164
File Number: HOL-06450-20
Application Date (Estimate)
Dec 2019
Hearing Date
Oct 2020
Order Date
Nov 3, 2020
Tenancy End Date
Nov 2020
We estimate Application Date using rent arrears.
The tenancy is terminated effective November 14, 2020. The Tenants must pay the Landlord $30,463.12, which includes rent arrears up to November 3, 2020 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $98.47 per day for compensation for use of the unit starting November 4, 2020 until they move out. If the Tenants do not pay the full amount by November 14, 2020, the Landlord may file the order with the Sheriff to enforce the eviction. The Tenants can void the eviction order by paying $36,115.00 on or before November 14, 2020.
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 Landlord's representative expressed concern that the Tenant's proposed payment plan was not realistic as the combined payments towards rent and arrears exceeded the Tenant's current income, and that the Tenant failed to make any rent payments after the application was filed despite continuing to work.
Tenant Lucas Renaud proposed a payment plan to pay an additional $2,700 per month towards the arrears, but the Landlord did not agree to this plan.
Tenant Lucas Renaud testified that he did not have any good reasons for not paying rent but was dealing with some personal issues, and that his income has recently increased to over $5,000 per month due to additional responsibilities at work.
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Lawful Rent
$2,995
Rent Arrears
$30,463
Application Fee
$175
Rent Deposit
$2,920
Deposit Interest
$2
Ordered Amount
$30,638 (to Landlord)
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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