Last updated: July 26, 2024
Ordered by Vladimir Nikitin,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$9,411
to Landlord
Agree with the ruling?
Citation: ON 200115 Thunder Bay Holdings Inc. v Madden, 2021 CanLII 70539 (ON LTB)
File Number: NOL-39819-20
Application Date (Estimate)
Feb 2020
Hearing Date
Nov 2020
Order Date
Jan 6, 2021
Tenancy End Date
Jan 2021
We estimate Application Date using rent arrears.
The tenancy is terminated effective January 31, 2021. The Tenant must pay the Landlord $9,236.12, which represents the amount of rent owing and compensation up to January 6, 2021, plus $35.34 per day for compensation for the use of the unit starting January 7, 2021 to the date the Tenant moves out of the unit, and $175.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by February 1, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by January 31, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.
Landlord 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.
Landlord opposed the request for a 33-month payment plan as unreasonably long but did not object to an extension of time to December 31, 2020.
Tenant requested a 33-month payment plan to pay back the arrears, and alternatively requested additional time to find alternate accommodation in case her payment plan request is denied and she is unable to qualify for social assistance.
Tenant testified that she had two young children and that it was important for her family to be able to stay in the unit. Tenant also testified that she recently discovered that she is very likely entitled to social assistance and housing assistance that would allow her to pay back the arrears within a couple of months.
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Lawful Rent
$1,075
Rent Arrears
$9,236
Application Fee
$175
Rent Deposit
$1,150
Deposit Interest
$95
Ordered Amount
$9,411 (to Landlord)
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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