Last updated: July 22, 2024
Ordered by Frank Ebner,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$1,109
to Landlord
Agree with the ruling?
Citation: Wallace Property Management Inc. v Dionne, 2023 ONLTB 19972
File Number: LTB-L-035797-22
Application Date (Estimate)
Jan 2023
Hearing Date
Feb 2023
Order Date
Feb 22, 2023
We estimate Application Date using rent arrears.
The Landlord's application to terminate the tenancy was denied due to a defect in the N4 Notice. However, the Tenants were ordered to pay the rent arrears of $1,109.11 by March 15, 2023, and interest will accrue on any unpaid balance after that date.
Landlord 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.
Landlord's agent testified that the rent arrears as of the hearing date were $1,109.11, and that the Landlord had sent letters to the Tenants in July and October 2022 offering a repayment plan, but the Tenants did not respond.
The N4 Notice did not correctly list the rent arrears owed for the period of February 19-28, 2022, which led to the Notice being found defective.
Tenants argued they should not have to pay the $186 application fee as their failure to pay the arrears was due to the Landlord's failure to provide the lease agreement in a timely manner.
Tenants agreed that rent arrears are owed, but the total amount does not include a recent payment. Tenants were not aware they were liable for rent from February 18-28, 2022 as they did not receive the lease agreement until 5 months after move-in.
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Lawful Rent
$925
Rent Arrears
$1,109
Application Fee
$186
Rent Deposit
$925
Deposit Interest
$23
Ordered Amount
$1,109 (to Landlord)
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