Last updated: July 26, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Monies to be paid
-
Agree with the ruling?
Application Date
Sep 2021
Hearing Date
Jan 2022
Order Date
Jan 26, 2022
The Landlord's application is dismissed. The Tenants voided the notice of termination on September 29, 2021 by making a payment, and no arrears were owing at the time the Landlord filed the application.
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 voided by paying the arrears.
The Landlord argued that the Tenant was aware that it took 2 to 3 days to process payments and that the notice of termination was not voided because the payment was not received until October 1, 2021. The Landlord further argued that based on this reasoning, arrears were owing at the time the application was filed and the Tenant should be ordered to pay the application fee.
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Gloucester tenants face eviction for $22,257.05 in unpaid rent, given until January 31, 2025 to vacate.
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Hamilton landlord wins non-payment case, tenant ordered to pay $10,202.48 or face eviction.
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