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
$4,017
to Landlord
Agree with the ruling?
Citation: Zhang v Yacoub, 2021 CanLII 78863 (ON LTB)
File Number: CEL-95730-20
Application Date
Aug 2020
Hearing Date
Mar 2021
Order Date
Mar 23, 2021
Tenancy End Date
May 2021
The tenancy is terminated effective May 1, 2021. The Tenant must pay the Landlord $3,831.38, which represents the amount of rent owing and compensation up to March 23, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenant must also pay the Landlord $141.37 per day for compensation for the use of the unit starting March 24, 2021 to the date the Tenant moves out of the unit, and $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by May 1, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by May 1, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.
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 Tenant's request for delayed eviction, arguing that no relief from eviction should be granted as the Tenant had no intention to pay back the full amount of arrears owing, and the amount outstanding was substantial.
Tenant requested that eviction be postponed until May 1, 2021, as she had nowhere to go until then.
Tenant testified that she fell behind on rent because her husband passed away, and she lived at the rental unit with her 17 year-old son. She proposed applying the last month's rent deposit to the month of April, and making a payment of $500 to the Landlord for the period of April 25 to May 1.
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Lawful Rent
$4,300
Rent Arrears
$8,636
Application Fee
$186
Rent Deposit
$4,300
Deposit Interest
$48
Ordered Amount
$4,017 (to Landlord)
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