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
Decision in favor of
Landlord
Ordered Amount
$5,457
to Landlord
Dispute Categories
Notices Sent
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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
Tenancy End Date
Oct 2022
Hearing Date
May 2023
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.
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.
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
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.
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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