Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$32,323
to Landlords
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Application Date (Estimate)
Sep 2023
Hearing Date
Sep 2024
Order Date
Oct 9, 2024
Tenancy End Date
Oct 2024
We estimate Application Date using rent arrears.
The tenancy is terminated unless the Tenant pays $35,186 by October 31, 2024 to void the order. If the Tenant does not pay, they must vacate the unit by October 31, 2024 and pay the Landlords $32,322.94 in rent arrears and application costs. The Tenant is also ordered to pay daily compensation of $82.19 from September 27, 2024 until they vacate.
The Tenant has no income and cannot afford the rent, but was granted a delayed eviction until October 31, 2024 to allow time to find alternative accommodations.
Landlords 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 N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Landlord opposed a delayed eviction order, stating they are in dire financial hardship trying to maintain mortgage payments for the rental property.
Landlord testified that the 6 months advance payments were used to cover the first month of the tenancy and April to August 2023 rent, at the Tenant's request.
Tenant argued that he paid 6 months rent in advance when he moved in, and that one of those payments should have been applied to September 2023 rent.
Tenant testified that he has no monthly income since February 2022 due to back problems, and is trying to apply for ODSP and get support from the John Howard Society.
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Lawful Rent
$2,500
Rent Arrears
$32,500
Application Fee
$186
Ordered Amount
$32,323 (to Landlords)
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