Last updated: September 12, 2024
Ordered by Elena Jacob,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$2,823
to Tenants
Agree with the ruling?
Citation: Austin v Wild, 2024 ONLTB 4652
File Number: LTB-T-011390-23
Application Date
Jan 2023
Hearing Date
Dec 2023
Order Date
Jan 22, 2024
The Landlords must pay the Tenants an amount equal to one month's rent ($2,770) plus the Tenants' filing fee ($53), for a total of $2,823, by February 2, 2024. If the Landlords do not pay by that date, they will owe interest at 7% annually on the outstanding balance.
The Tenants applied for an order determining that the Landlords collected or retained money illegally. The Landlords gave the Tenants a verbal notice to terminate the tenancy in the fall of 2021 to facilitate the sale of the property, but did not provide the required one month's rent compensation under the Residential Tenancies Act.
In the absence of an N12 notice or a purchaser, the Landlords should not be responsible for one month's rent compensation.
Landlords thought they could terminate the tenancy without serving a formal N12 notice and paying one month's rent compensation.
Landlords failed to serve a formal N12 notice and pay one month's rent compensation as required by the Residential Tenancies Act.
Tenants vacated the rental unit on March 31, 2022 in response to the Landlord's verbal notice to terminate the tenancy.
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Lawful Rent
$2,770
Application Fee
$53
Ordered Amount
$2,823 (to Tenants)
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