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Siteline (7555 Goreway) Inc v Elayan

Last updated: July 22, 2024

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Order

Ordered by Michael Di Salle,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: January 25, 2023
*** Goreway Dr, Mississauga, ON L4T3M9
Contested Dispute

Decision in favor of

Landlord

Dispute Categories

Notices Sent

Non-payment of rent (N4)
ContentionHigh

Agree with the ruling?

Citation: Siteline (7555 Goreway) Inc v Elayan, 2023 ONLTB 16659

File Number: LTB-L-029687-22

Timeline

Application Date (Estimate)

Jun 2022

7 months

Hearing Date

Jan 2023

6 days

Order Date

Jan 25, 2023

1 months

Tenancy End Date

Feb 2023

We estimate Application Date using rent arrears.

Decision

The tenancy will be terminated on February 28, 2023 unless the Tenants pay $18,746.00 by January 31, 2023 or $21,066.00 by February 28, 2023 to void the order. If the Tenants do not void the order, they must pay $15,513.18 to the Landlord and vacate the unit by February 28, 2023.

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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.

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Determinations

  • Landlord holds $2,320.00 rent deposit with $41.95 interest
  • Landlord incurred $186.00 application filing fee
  • Landlord served valid N4 Notice
  • Lawful rent is $2,320.00 due on 1st of each month
  • Rent arrears owing to 2023-01-31 are $18,560.00
  • Tenants did not void notice by paying arrears
  • Tenants in possession on application date
  • Tenants paid $2,320.00 since application filed
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Landlord's Arguments

Tenant's Arguments

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