Last updated: December 14, 2024
Ordered by Kyle Anderson,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$737
to Landlord
Agree with the ruling?
Citation: Allcock v Boldyrev, 2024 ONLTB 45749
File Number: LTB-L-098537-23
Application Date
Dec 2023
Hearing Date
Jun 2024
Order Date
Jul 4, 2024
Tenancy End Date
Jul 2024
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. However, the Board has provided temporary relief from eviction until July 31, 2024 to allow the Tenant, who has two young children, additional time to move out. The Tenant must pay the Landlord $737.34 in compensation for use of the unit from March 1 to June 5, 2024, but the Landlord owes the Tenant $4,042.38 for the rent deposit and interest, which exceeds the amount owed to the Landlord.
Given the Tenant has two young children living in the rental unit, I find it reasonable in the circumstances to grant temporary relief from eviction to allow some additional time for the Tenant to move out.
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
SA stated that he moved back to Canada with his family in late 2023 and has been renting a separate home at a significant cost until he can obtain vacant possession of the rental unit which he intends to move back into along with his family for at least one year.
VB testified that moving out of the rental unit would be difficult because he lives there with his wife and two small children, all of their furniture was bought specifically for the rental unit, his family requires a "sizeable" house to live in, and that he is currently living in the rental unit because his last home burnt down.
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Lawful Rent
$3,900
Rent Deposit
$3,900
Deposit Interest
$142
Other Amount
$737
Compensation for use of unit from March 1 to June 5, 2024
Ordered Amount
$737 (to Landlord)
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