Last updated: July 26, 2024
Ordered by Dawn King,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$19,704
to Landlord
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Citation: UPPER v Amos, 2020 CanLII 120916 (ON LTB)
File Number: TEL-09027-20
Hearing Date
Nov 2020
Order Date
Dec 31, 2020
Tenancy End Date
Jan 2021
The tenancy is terminated effective January 11, 2021. The Tenants must pay the Landlords $19,703.82, which includes rent arrears up to December 31, 2020 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $61.15 per day for compensation for use of the unit starting January 1, 2021 until they move out. If the Tenants do not pay the full amount by January 11, 2021, they will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by January 11, 2021, the Landlords may file the order with the Sheriff for enforcement.
Landlords 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 did not void by paying the arrears. The Tenants had not made any payments since the application was filed and the arrears were significant.
Tenant Amos suggested a repayment plan of $500 per month for 45 months, which the Landlords did not agree to.
Tenants have made no payments to the Landlords since the application was filed and the arrears are significant.
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Rent Arrears
$22,320
Application Fee
$175
Rent Deposit
$2,060
Deposit Interest
$6
Ordered Amount
$19,704 (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.
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