Landlords and Tenant Reach Settlement in Personal Use Case: Tratnik v French 2023
Landlords and tenant reach settlement in Sunderland personal use dispute
Summarized by RentZenLast updated: August 6, 2024
Case Summary
2285 Durham Regional Road 13, Sunderland, ON L0C1H0
Dispute resolved in
agreement
Balance Owed to Landlord
$35,347
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jun 2023
Tenancy End Date
Jun 2023
Order Date
Jul 7, 2023
Dispute Summary
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. The parties reached a settlement of all issues arising from the Application for the period up to the date of the hearing.
Determinations
- Tenancy shall terminate as of June 29, 2023, with enforcement provisions
- Tenant was paid compensation equal to one month's rent
- Tenant paid last month rent deposit of $2,200, to be applied to last month of Tenancy
- Tenant owed $92.90 in interest on last month rent deposit, to be credited to outstanding arrears
- Tenant acknowledges there are arrears owing to Landlord
- Landlord acknowledges outstanding arrears supersedes the board's jurisdiction
- In exchange for Tenant vacating on June 29, 2023, Landlord agrees to waive $35,440.00 of outstanding arrears
Decision Summary
The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before June 29, 2023. The last month rent deposit shall apply to the rent for June 2023. The Landlord shall waive $35,440.00 in rental arrears provided the Tenant vacates the unit on or before June 29, 2023. If the Tenant does not move out on or before June 29, 2023, the Landlord has the right to file an application for the full amount of arrears in the appropriate jurisdiction and the Tenant shall pay the Landlord compensation of $72.33 per day until the date the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
7
Landlord Favorable
42.9%
Tenant Favorable
0.0%
Mutual Agreement
57.1%
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Financial Details
Lawful Rent
$2,200
Rent Arrears
$35,440
Rent Deposit
$2,200
Deposit Interest
$93
Total Owing
$35,347 (Owed to Landlord)
Source
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