Always at Home Ltd v Rebecca Whatman

Last updated: September 12, 2024

Order

Ordered by Heather Chapple,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: May 19, 2023
*** Park Road North, Oshawa, ON L1J4L8
Contested Dispute

Decision in favor of

Landlord

Ordered Amount

$5,457

to Landlord

Dispute Categories

Notices Sent

Non-payment of rent (N4)
ContentionModerate

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Citation: Always at Home Ltd v Rebecca Whatman, 2023 ONLTB 38086

File Number: LTB-L-063260-22

Timeline

Application Date

Oct 2022

0 days

Tenancy End Date

Oct 2022

6 months

Hearing Date

May 2023

11 days

Order Date

May 19, 2023

Decision

The tenancy was terminated effective October 31, 2022, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $5,457.11 to the Landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit.

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Landlord

  • Always at Home Ltd

Tenant

Dispute

Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant disputed the amount of rent arrears, claiming she had paid some rent via e-transfer, but could not provide proof. The Tenant eventually acknowledged owing $5,468 in rent arrears.

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Determinations

  • Landlord served valid N4 Notice
  • Tenant did not void notice by paying arrears
  • Tenant in possession on application date
  • Tenant vacated on 2022-10-31
  • Lawful rent $1,062 per month
  • No payments made since application filed
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Landlord's Arguments

Tenant's Arguments

Arguments

Tenant disputed the amount of rent arrears, claiming she had paid some rent via e-transfer, but could not provide proof.

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Actions and Evidence

Tenant vacated the rental unit on October 26, 2022 but did not contact the Landlord or return the keys.

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Financial Details

Lawful Rent

$1,062

Rent Arrears

$6,372

Application Fee

$186

Rent Deposit

$1,090

Deposit Interest

$11

Ordered Amount

$5,457 (to Landlord)

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