Last updated: September 12, 2024
Ordered by Amanda Kovats,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
Agree with the ruling?
Citation: Gill v McDougall, 2023 ONLTB 56442
File Number: LTB-L-067318-22
Application Date
Apr 2021
Hearing Date
Jul 2023
Order Date
Aug 17, 2023
The Landlord's application is dismissed as the Tenants vacated the rental unit prior to the termination date in the N4 notice and were not in possession when the application was filed.
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 had vacated the rental unit prior to the hearing date, but the landlord and tenant disputed the exact date of vacating.
Landlord found some items in the rental unit in January 2022, but could not recall exactly when they visited the unit after serving the N4 notice.
Tenants vacated the rental unit on February 1, 2021, prior to the termination date in the N4 notice.
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