Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$18,852
to Landlord
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Citation: Guo v Noble, 2023 ONLTB 31382
File Number: LTB-L-026328-22 & LTB-L-022969-22
Application Date (Estimate)
Jul 2022
Hearing Date
Feb 2023
Order Date
Apr 13, 2023
Tenancy End Date
Apr 2023
We estimate Application Date using rent arrears.
The N4 notice was found to be defective, so the tenancy cannot be terminated based on that notice. However, the Tenants are ordered to pay the Landlord $18,852, which includes rent arrears to February 28, 2023 and the application filing fee. If the Tenants do not pay the full amount by April 24, 2023, they will start owing interest and the Landlord can file the order with the Court Enforcement Office for eviction.
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of rent. The landlord served valid N4 and N8 notices, but the N4 notice was found to be defective as the parties had agreed to use the last month's rent deposit for December 2021 rent payment. The Tenants were still in possession of the rental unit at the time of the hearing.
Landlord testified that Tenants failed to pay rent in full and on time each month from July 2022 to February 2023.
Tenants argued the N4 notice was defective because they had agreed with the Landlord to use the last month's rent deposit for December 2021 rent payment.
Tenants claim persistent late payments were due to their roommate not moving in and their low income.
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Lawful Rent
$2,277
Rent Arrears
$18,666
Application Fee
$186
Ordered Amount
$18,852 (to Landlord)
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