Last updated: July 22, 2024
Ordered by Nicole Huneault,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$1,814
to Landlord
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Citation: Stech v Barker, 2022 ONLTB 14179
File Number: LTB-L-027315-22
Hearing Date
Sep 2022
Order Date
Dec 14, 2022
Tenancy End Date
Oct 2023
The tenancy is terminated effective October 31, 2023. The Tenant must pay the Landlord $2,324.25 from May 1, 2022 to September 21, 2022, less the rent deposit and interest owed on the deposit. The Tenant must also pay the Landlord $17.06 per day for compensation for use of the unit from September 22, 2022 until the Tenant moves out. If the unit is not vacated by October 31, 2023, the Landlord may file the order with the Court Enforcement Office for enforcement.
Landlords applied for an order to terminate the tenancy and evict Tenant because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year by their daughter Larysa Stech.
Landlord testified that they documented everything and took pictures of the cheque, notice, and envelope, and slipped everything under the Tenant's door. Landlord stated the cheque was given on February 23, 2022 but never cashed by the Tenant.
Tenant argued that the Landlords own another house on the same street and the rent the Tenant is paying is the cheapest rent from all the units at both locations. The Tenant claimed the Landlords' intentions are to evict the Tenant and re-rent it for higher rent.
Tenant disputed receiving the N12 notice and compensation cheque, stating he gave everything back to the Landlord. Tenant claimed the unit is falling apart and questioned why the Landlord would allow the daughter to move in.
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Rent Arrears
$2,324
Rent Deposit
$510
Ordered Amount
$1,814 (to Landlord)
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