Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$20,257
to Landlord
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Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Aug 25, 2023
Tenancy End Date
Sep 2023
The tenancy is terminated unless the tenants pay $20,256.80 by August 31, 2023 or $22,688.90 by September 5, 2023 to void the order. If the tenants do not pay, they must vacate the unit by September 5, 2023 and pay $7,823.12 in rent arrears and application costs. The landlord is entitled to daily compensation of $79.96 from March 28, 2023 until the tenants vacate.
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 were still in possession of the rental unit at the time of the hearing.
Landlord conceded receiving about 3 sublet applications from tenants, but did not respond as they did not meet the required standard.
Tenants argued landlord arbitrarily or unreasonably withheld consent to sublet the unit.
Tenants agreed they had not paid rent since January 1, 2022, but claimed the arrears were due to one tenant vacating the unit. Tenants submitted applications to landlord to sublet, but landlord did not respond.
Tenants did not provide landlord with N9 notice of termination within 30 days of request to sublet, as required under the Act.
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Lawful Rent
$2,432
Rent Arrears
$7,910
Application Fee
$186
Ordered Amount
$20,257 (to Landlord)
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