Last updated: September 12, 2024
Ordered by Michelle Tan,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$10,171
to Landlord
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Citation: Dureault v Taylor, 2023 ONLTB 31070
File Number: LTB-L-020065-22
Application Date
Apr 2022
Hearing Date
Oct 2022
Order Date
Apr 12, 2023
The landlord did not properly serve the N4 notice, so the application for eviction was not granted. However, the tenants are ordered to pay the landlord $9,985.20 in rent arrears and $186 in application filing fees by April 23, 2023. If the full amount is not paid by the due date, the tenants will owe interest at 6% annually on the outstanding balance.
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants were in possession of the rental unit when the application was filed and as of the hearing date.
Landlord taped the N4 notice to the tenants' door, which is not an approved method of service.
Landlord did not properly serve the N4 notice.
Tenants were in possession of the rental unit when the application was filed and as of the hearing date.
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Lawful Rent
$1,113
Rent Arrears
$9,985
Application Fee
$186
Ordered Amount
$10,171 (to Landlord)
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