Last updated: July 26, 2024
Ordered by Dawn Wickett,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$11,564
to Landlord
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Citation: Patel v Franklin, 2020 ONLTB 120242
File Number: HOL-07025-20
Application Date (Estimate)
Feb 2020
Hearing Date
Nov 2020
Order Date
Nov 30, 2020
Tenancy End Date
Dec 2020
We estimate Application Date using rent arrears.
The tenancy was terminated effective December 11, 2020. The tenants are ordered to pay $11,563.57 to the landlords, which includes rent arrears up to the termination date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants must also pay $65.75 per day for compensation for use of the unit starting December 1, 2020 until they move out.
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 had vacated the rental unit on June 30, 2020, prior to the hearing date.
Landlord Harshkumar Patel testified that the tenants did not vacate the rental unit on June 30, 2020 and are still in possession, as they never returned the keys.
Tenant Brent Franklin testified that he and the other tenant vacated the rental unit on June 30, 2020, but did not provide evidence of notice to the landlord.
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Lawful Rent
$2,000
Rent Arrears
$17,500
Application Fee
$175
Rent Deposit
$2,000
Deposit Interest
$18
Ordered Amount
$11,564 (to Landlord)
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