Last updated: November 3, 2024
Ordered by Ken Audziss,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$7,162
to Landlord
Agree with the ruling?
Citation: Burns v McLellan, 2024 ONLTB 50355
File Number: LTB-L-006606-24
Application Date (Estimate)
Nov 2023
Hearing Date
Jun 2024
Order Date
Jul 10, 2024
Tenancy End Date
Jul 2024
We estimate Application Date using rent arrears.
Unless the Tenant voids the order by paying $10,514.37 on or before July 31, 2024, the tenancy will be terminated. If the Tenant does not void the order, the Tenant must pay the Landlord $7,161.79, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant must also pay daily compensation of $37.93 for each day of occupation starting June 4, 2024, until the Tenant moves out.
Tenant recently applied for Ontario Works and housing stability supports, and an extended eviction date will provide the Tenant with additional time to secure financial supports that could help resolve the arrears.
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. The Tenant was still in possession of the rental unit on the hearing date.
Landlord's representative stated that after the Tenant fell into arrears, the Landlord advised the Tenant of the arrears and requested payment arrangements. However, the Tenant has neither communicated with the Landlord or the Landlord's representative nor allowed the Landlord access to the rental unit for an inspection.
Tenant stated that she wishes to remain in the rental unit and mentioned that she contacted the housing stability program in Peterborough for assistance last month. However, she has not yet received any specific details on whether she qualifies for support or, if so, the amount of support she could receive.
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Lawful Rent
$1,154
Rent Arrears
$9,175
Application Fee
$186
Rent Deposit
$1,000
Deposit Interest
$159
Ordered Amount
$7,162 (to Landlord)
Click to switch between order outcomes
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
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