Del Condominium Rentals Inc. v Phillips

Last updated: March 4, 2025

Order

Ordered by Sheena Brar,Tribunals Ontario  under Section 87, Residential Tenancies Act, 2006

Order Date: February 3, 2025
Unit ***, 5 Mabelle Ave, Etobicoke, ON M9A0C8
Contested Dispute

Decision in favor of

Landlord

Ordered Amount

$4,349

to Landlord

Dispute Categories

Notices Sent

Non-payment of rent (N4)

Subsections of RTA Quoted

87(1)
ContentionModerate

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Citation: Del Condominium Rentals Inc. v Phillips, 2025 ONLTB 8449

File Number: LTB-L-078312-24

Timeline

Application Date (Estimate)

Jul 2024

2 months

Tenancy End Date

Sep 2024

4 months

Hearing Date

Jan 2025

13 days

Order Date

Feb 3, 2025

We estimate Application Date using rent arrears. Tenancy ended before hearing.

Decision

The Tenant shall pay the Landlord $4,348.73, which includes rent arrears owing up to September 30, 2024, the cost of the application, minus the rent deposit, interest owing, and key deposit.

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Dispute

The Landlord applied for an order requiring the Tenant to pay the rent that the Tenant owes. The Tenant vacated the rental unit on September 30, 2024 and did not pay the total rent they were required to pay for the period from August 1, 2024 to September 30, 2024.

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Determinations

  • Tenant vacated the rental unit on September 30, 2024
  • Tenant did not pay rent for August 1, 2024 to September 30, 2024
  • Lawful rent is $3,500.00 per month
  • Tenant has not made any payments since the application was filed
  • Tenancy ended on September 30, 2024 when Tenant moved out
  • Rent arrears and daily compensation owing to September 30, 2024 is $7,000.00
  • Landlord collected a rent deposit of $2,562.50 from the Tenant
  • Interest on the rent deposit is $74.77
  • Landlord incurred $186.00 in filing costs
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Landlord's Arguments

Actions and Evidence

The Landlord's Legal Representative stated that the rental unit was exempt from guideline increases and the Landlord served proper N2 notices to the Tenant to increase rent. The Landlord is willing to waive the post-judgement interest on the amount due and the Tenant can reach out for a payment plan after the order is issued. The Landlord's Legal Representative also agreed to reduce $200.00 key deposit from the balance owing.

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Tenant's Arguments

Actions and Evidence

The Tenant testified that her rent was raised from $2,500.00 to $3,500.00 in two years. As a single mother she struggled to pay the rent, so she chose to move out. Currently she is pregnant and cannot afford to pay any money to the Landlord as she is unable to work. She also has a child with Down's Syndrome.

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Financial Details

Lawful Rent

$3,500

Rent Arrears

$7,000

Application Fee

$186

Rent Deposit

$2,563

Deposit Interest

$75

Other Amount

$200

Key deposit

Ordered Amount

$4,349 (to Landlord)

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