Last updated: September 12, 2024
Ordered by Alicia Johnson,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$22,273
to Landlord
Agree with the ruling?
Citation: Demsey v St Arneault, 2023 ONLTB 34185
File Number: LTB-L-058580-22
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
May 5, 2023
Tenancy End Date
May 2023
The tenancy is terminated unless the Tenant pays $30,667.99 by May 6, 2023 or $34,267.99 by May 26, 2023 to void the order. If the Tenant does not void the order, they must pay $22,273.17 to the Landlord and vacate the unit by May 26, 2023.
The extension of time will provide the Tenant additional time to find a new place to live.
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears.
Landlord submitted that they are currently paying expenses for their current residence and expenses of the rental property, inclusive of mortgage payments. That she has been forced to use her personal savings to pay for these expenses which has resulted in being forced to sell her primary home and move to the rental property to decrease expenses and pay off resultant debt arising from the rental property.
Tenant submitted that he has experienced many personal events of recent past, including the trauma of his wife being on life support, a health issue that continues to be ongoing and that his 15 year old daughter is now residing with him as result of being kicked out of her mother's home. He submits that he has had difficulty with staying on top of his bills, supporting his daughter, working in a self-employed capacity and experiencing 25% reduction in income in the winter months.
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Lawful Rent
$3,600
Rent Arrears
$26,882
Application Fee
$186
Rent Deposit
$3,600
Deposit Interest
$80
Ordered Amount
$22,273 (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.
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.
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