Gao v Philips
Last updated: January 12, 2025
Order
Ordered by Vicky Liu,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$18,565
to Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Gao v Philips, 2024 ONLTB 80527
File Number: LTB-L-068638-24
Timeline
Application Date (Estimate)
May 2024
Hearing Date
Oct 2024
Order Date
Oct 31, 2024
We estimate Application Date using rent arrears.
Decision
The Landlord's L2 application based on the N8 Notice is dismissed as the notice did not provide sufficient details as required by the Act. The Landlord is awarded $15,098 in rent arrears and $3,467.35 in unpaid water costs. If the Tenants do not pay the full amount by November 11, 2024, they will owe interest at 6% annually on the outstanding balance.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent and persistent late payment of rent. The Landlord also applied for an order requiring the Tenants to pay the Landlord's reasonable out-of-pocket expenses for unpaid utility costs.
Determinations
- N8 Notice is invalid for not providing sufficient details
- Landlord incurred $3,467.35 in reasonable out-of-pocket expenses for unpaid water costs
- N4 Notice is invalid due to incorrect monthly rent amount
- Tenants owe $14,912 in rent arrears up to October 31, 2024
- Tenants owe $186 for application filing costs
Landlord's Arguments
Tenant's Arguments
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Financial Details
Lawful Rent
$2,767
Rent Arrears
$14,912
Application Fee
$186
Other Amount
$3,467
Unpaid water costs
Ordered Amount
$18,565 (to Landlord)
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