Last updated: August 6, 2024
Ordered by Vicky Liu,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$41,186
to Landlord
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Citation: Tenaglia v Burns, 2023 ONLTB 67832
File Number: LTB-L-036922-23
Application Date
May 2023
Hearing Date
Sep 2023
Order Date
Oct 16, 2023
Tenancy End Date
Oct 2023
The tenancy is terminated unless the Tenant pays $41,186 to void the order and continue the tenancy by October 27, 2023. If the Tenant does not pay, they must move out by October 27, 2023 and pay the Landlord $29,957.77 plus daily compensation of $168.49 per day starting September 26, 2023 until move-out.
Landlords 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. The Tenant was still in possession of the rental unit on the hearing date.
Landlord's Representative sought termination of the tenancy, stating the Tenant improperly withheld rent and any further delays would prejudice the Landlords as they would not be able to recover the arrears in excess of the Board's monetary jurisdiction.
Tenant requested an adjournment to raise her own issues regarding maintenance and tenant rights, but this was denied as she did not provide the required details and evidence. Tenant proposed paying the new rent and $1,000 per month towards the arrears starting December 2023.
Tenant testified that her business was shut down by the City a year ago, and she has 4 children and 2 grandchildren living with her. Her household income is $8,000-$9,000 per month.
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Lawful Rent
$5,125
Rent Arrears
$35,875
Application Fee
$186
Rent Deposit
$5,000
Deposit Interest
$190
Ordered Amount
$41,186 (to Landlord)
Click to switch between order outcomes
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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