Last updated: July 26, 2024
Ordered by Nancy Morris,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$9,841
to Landlord
Agree with the ruling?
Citation: Smylie v Eade and Cameron, 2020 ONLTB 119678
File Number: NOL-39291-20
Hearing Date
Nov 2020
Order Date
Dec 18, 2020
Tenancy End Date
Jan 2021
The tenancy is terminated effective January 5, 2021. The Tenants must pay the Landlord $9,841.47, which includes rent arrears up to December 18, 2020 and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenants must also pay $39.45 per day for compensation for the use of the unit starting December 19, 2020 until they move out. If the Tenants pay $11,735 by December 31, 2020 or $12,935 by January 5, 2021, they can void the eviction order and continue the tenancy.
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Tenants were living on very little income and the Landlord submitted that the Tenants have not provided any evidence that they can pay the full rent going forward.
Landlord requested a standard termination order and asserted that the tenancy is no longer viable.
Landlord submitted that the Tenants have not provided any documentary evidence that demonstrates an ability to pay the full rent going forward.
Tenant M. Cameron said he can meet a 12-month payment plan to pay off the arrears with his income and help from family.
Tenant M. Cameron said he was normally employed as a bricklayer but was laid off due to weather and had problems finding regular employment due to COVID-19. Tenants were living on very little income, either Ontario Works or family assistance.
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Rent Arrears
$10,360
Application Fee
$175
Rent Deposit
$1,200
Deposit Interest
$29
Ordered Amount
$9,841 (to Landlord)
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