Huska v Segeren
Last updated: December 14, 2024
Order
Ordered by Elan Shemtov,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Citation: Huska v Segeren, 2024 ONLTB 38811
File Number: LTB-L-095277-23
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
May 30, 2024
Tenancy End Date
Jun 2024
Decision
Unless the Tenant voids the order by paying $8,723.50 by May 31, 2024 or $10,261 by June 30, 2024, the tenancy will be terminated. If the Tenant does not void the order, they must pay $6,861.70 to the Landlord and vacate the unit by June 30, 2024. If the unit is not vacated, the Landlord can file the order with the Sheriff for enforcement starting July 1, 2024.
Reason for Eviction Relief
The rent arrears are not excessive and the Tenant has made a payment of $1,000.00 since the application was filed. A delayed eviction of 3 weeks is not unfair in the circumstances to provide them some more time to find another place to live or to void this order and preserve their tenancy.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,537.50 due on 1st of each month
- Tenant paid $1,000 since application filed
- Rent arrears owing to 2024-04-30 are $7,000
Landlord's Arguments
Tenant's Arguments
Actions and Evidence
Tenant did not pay full rent arrears.
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