Last updated: July 26, 2024
Ordered by Diane Wade,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$9,287
to Landlord
Agree with the ruling?
Citation: Q Res V Operating LP v Mastromatteo, 2021 CanLII 89721
File Number: SOL-17385-20
Application Date
Sep 2020
Hearing Date
Apr 2021
Order Date
May 11, 2021
Tenancy End Date
May 2021
The tenancy is terminated effective May 22, 2021. The Tenant must pay the Landlord $9,287.01, which represents the amount of rent owing and compensation up to May 11, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenant must also pay the Landlord $45.83 per day for compensation for the use of the unit starting May 12, 2021 to the date the Tenant moves out of the unit, and $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by May 22, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by May 22, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.
Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears.
Landlord's Legal Representative testified that the Landlord has sent numerous emails to the Tenant trying to resolve this issue via a repayment plan, with no results. The Tenant has not paid the rent in full since before October 2020, which indicates the Tenant cannot afford to stay.
Tenant testified that she agrees with the amount of arrears owing. She has been struggling to make payments because her ex has been receiving the entire Child Tax Credit, plus she has less hours at work. She has applied for many new jobs and finally has a job interview which will help her situation if she gets the employment. She is not able to enter into a repayment plan but is hoping to stay until the end of June, although she recognizes she cannot really afford to pay the rent.
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Lawful Rent
$1,394
Rent Arrears
$10,228
Application Fee
$186
Rent Deposit
$1,368
Deposit Interest
$15
Ordered Amount
$9,287 (to Landlord)
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