Last updated: July 22, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Monies to be paid to Landlord
$286
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Application Date
Jul 2021
Hearing Date
Oct 2021
Order Date
Jan 17, 2022
The Landlords' application to terminate the tenancy is denied, subject to the Tenant paying off the water bill by January 31, 2022 and paying rent in full and on time for the next 12 months. If the Tenant fails to comply, the Landlords can apply to the Board for an order terminating the tenancy and evicting the Tenant.
Landlords applied to terminate the tenancy and evict the Tenant due to persistent late rent payments and the Tenant's failure to pay the water bill, which the Landlords claimed substantially interfered with their lawful rights. The Tenant was given an opportunity to preserve the tenancy by complying with certain conditions.
Landlords objected to any relief from eviction and requested the tenancy be terminated, arguing the issues started before COVID-19 and the Tenant should not be given much leniency.
Landlords found the late rent payments and unpaid water bill stressful, as they had to chase the Tenant for payment and received notices of non-payment from the city.
Tenant requested the application be dismissed because she mostly paid rent on time, was almost caught up on the water bill, and had some issues with the rental unit that she planned to address through other applications.
Tenant testified that some late rent payments were inadvertent due to paycheque holds at the bank. Tenant also had to care for 4 children, 2 of them full-time, including a 13-month-old and a child with special needs.
Tenant's decision to not pay the water bill was deliberate, as she believed water would not be shut off during COVID-19 and she had to prioritize some payments over others.
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Lawful Rent
$1,800
Application Fee
$186
Other Amount
$286
Water bill
Total Amount to Be Paid
$286 (To be paid to Landlord)
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