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
Decision in favor of
Landlord
Ordered Amount
$4,349
to Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Citation: Del Condominium Rentals Inc. v Phillips, 2025 ONLTB 8449
File Number: LTB-L-078312-24
Timeline
Application Date (Estimate)
Jul 2024
Tenancy End Date
Sep 2024
Hearing Date
Jan 2025
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.
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.
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
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.
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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