Last updated: October 13, 2024
Ordered by Christina Philp,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$2,024
to Landlord
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Citation: Do v Abouelkhir, 2024 ONLTB 25223
File Number: LTB-L-040705-23
Application Date (Estimate)
May 2023
Tenancy End Date
Jun 2023
Hearing Date
Feb 2024
Order Date
Apr 17, 2024
We estimate Application Date using rent arrears. Tenancy ended before hearing.
The tenancy was terminated effective June 12, 2023, the date the Tenants vacated the rental unit. The Tenants owe the Landlord $2,023.74, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit. If the Tenants do not pay the full amount by May 5, 2024, they will owe interest at 7% annually on the outstanding balance.
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent and the Landlord's good faith requirement of the rental unit for personal use. The Landlord withdrew the personal use application as the Tenants had already vacated the rental unit. The Landlord served a valid N4 notice for non-payment of rent, which the Tenants did not void by paying the arrears.
The Landlord was not aware of proper legalities with respect to the LMR and the issuance of N12 notices, until she obtained legal counsel.
The tenancy agreement and the prepaid rent were not in accordance with the Act as the tenancy agreement was a Standard Lease form and it was illegal to request prepaid rent from the Tenant.
Tenants vacated the rental unit on June 12, 2023.
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Lawful Rent
$3,750
Rent Arrears
$3,750
Application Fee
$186
Rent Deposit
$22,500
Deposit Interest
$135
Ordered Amount
$2,024 (to Landlord)
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