GP v CW and MC
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$2,907
to Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: GP v CW and MC, 2016 CanLII 72093
File Number: EAL-58272-16
Timeline
Hearing Date
Aug 2016
Order Date
Aug 8, 2016
Tenancy End Date
Aug 2016
Decision
The L3 application is dismissed. On the L1 application, the tenancy is terminated effective August 19, 2016 unless the Tenants pay $2,645 by that date to void the eviction order. The Tenants must also pay $2,907.30 to the Landlord, plus $27.12 per day starting August 9, 2016 until they vacate.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. Landlord also applied to terminate the tenancy because Tenants gave a notice to terminate the tenancy.
Determinations
- Tenants did not pay rent for April 1, 2016 to August 31, 2016
- Landlord served valid N4 Notice
- Landlord collected $600 rent deposit
- Interest on rent deposit owed to Tenants
- No relief from eviction granted
- Tenants' notice to terminate tenancy was drafted by Landlord's paralegal, not Tenants
- Tenants did not wish to terminate tenancy
Landlord's Arguments
Procedural Errors
Landlord's paralegal GF's affidavit to the Board was deliberately misleading.
Tenant's Arguments
Actions and Evidence
Tenants stated they thought they were signing an acknowledgment of being served a notice to vacate, not a notice to terminate the tenancy.
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Financial Details
Rent Arrears
$624
Application Fee
$170
Rent Deposit
$600
Deposit Interest
$18
Ordered Amount
$2,907 (to Landlord)
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