Last updated: September 12, 2024
Ordered by John Cashmore,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$12,283
to Landlord
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Citation: Daniels Gateway Rental Communities v Yue Yang Rainman Hong, 2023 ONLTB 41502
File Number: LTB-L-080187-22
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Jun 8, 2023
Tenancy End Date
Jun 2023
The tenancy will be terminated on June 30, 2023 unless the tenants pay $12,283.15 by that date to void the order. If the tenants do not pay, they must vacate the unit and pay the landlord $7,459.56 plus daily compensation of $66.56 from May 26, 2023 until they move out.
To allow the tenants' children to complete their current school year
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants had also received an N8 notice previously.
Landlord sought an eviction within 11 days and stated they attempted to negotiate a payment agreement with the tenants.
Tenants requested a payment plan of approximately six months to address the rent arrears and ongoing monthly rent.
Tenant Mr. Hong testified that he has lived in the rental unit with his wife and children for 15 years. He has had difficulty with income due to Covid-19. Mr. Hong stated he received an N8 notice and stopped paying rent to 'reserve funds in case we lost the case'.
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Lawful Rent
$2,024
Rent Arrears
$10,073
Application Fee
$186
Rent Deposit
$1,975
Deposit Interest
$464
Ordered Amount
$12,283 (to Landlord)
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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.
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