Daniels HR Corporation v Ghebregziabher - Landlord Wins Terminated Purchase Agreement Case
Landlord wins case against tenant who failed to complete purchase agreement for condominium unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 35 Tubman Ave, Toronto, ON M5A0T1
Decision in favor of
landlord
Balance Owed to Landlord
$2,854
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2023
Tenancy End Date
Jan 2024
Hearing Date
May 2024
Order Date
Jul 2, 2024
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant because the tenancy was entered into as a result of an agreement to purchase the condominium unit and the agreement has been terminated. The landlord also claimed compensation for each day the tenant remained in the unit after the termination date.
Determinations
- Tenant was in possession of the rental unit on the date the application was filed
- Tenancy arose out of an agreement of purchase and sale of a condominium unit
- Tenant defaulted on the Agreement of Purchase and Sale, which was terminated on September 27, 2023
- Tenant vacated the rental unit on January 17, 2024
- Monthly occupancy fee is $4,772.86, therefore the daily compensation is $156.92
- Tenant owes $2,667.64 in daily compensation for use and occupation of the rental unit from January 1, 2024 to January 17, 2024
- Landlord incurred $186.00 in filing costs
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on January 17, 2024.
Decision Summary
The tenancy between the Landlord and the Tenant is terminated as of January 17, 2024. The Tenant shall pay the Landlord $2,667.64 in compensation for use of the unit from January 1, 2024 to January 17, 2024, and $186.00 for the cost of filing the application, for a total of $2,853.64. If the Tenant does not pay the full amount by June 28, 2024, they will owe interest at 7.00% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
27
Landlord Favorable
74.1%
Tenant Favorable
22.2%
Mutual Agreement
3.7%
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Financial Details
Lawful Rent
$4,773
Rent Arrears
$2,668
Application Fee
$186
Total Owing
$2,854 (Owed to Landlord)
Source
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