Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$5,760
to Landlord
Agree with the ruling?
Citation: Frastell Property Management Inc v Purdy, 2024 ONLTB 6029
File Number: LTB-L-050420-23
Application Date (Estimate)
Jul 2023
Hearing Date
Nov 2023
Order Date
May 17, 2024
Tenancy End Date
Jul 2024
We estimate Application Date using rent arrears.
The tenancy will be terminated on July 31, 2024 unless the tenants pay the full rent arrears by that date. The tenants are ordered to pay $5,760.48 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants will also owe daily compensation for each day of occupation starting November 23, 2023.
The tenant lives at the rental unit with her two daughters and two large dogs. The tenant does not have a steady income, but earns approximately $5,000-$6,000 per month from various sources. The tribunal is providing the tenant until July 31, 2024 to either pay the arrears or else find alternative living accommodation, to ensure the children's school year is not interrupted.
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 still in possession of the rental unit at the time of the hearing.
The landlord opposed the tenant's proposed payment plan, stating it was too lengthy.
The tenant challenged the validity of the rent increases, claiming the landlord breached its maintenance obligations and that the L1/L9 application is retaliatory.
The tenant lives at the rental unit with her two daughters and two large dogs. The tenant spoke about her mental health and some of her past struggles, which she is working through.
The tenant did not comply with the disclosure requirements under the Act and Rules of Procedure.
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Lawful Rent
$1,820
Rent Arrears
$7,751
Application Fee
$186
Rent Deposit
$1,695
Deposit Interest
$38
Ordered Amount
$5,760 (to Landlord)
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