Last updated: September 12, 2024
Ordered by Kate Sinipostolova,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$1,938
to Landlord
Agree with the ruling?
Citation: LAKE PROMENADE APARTMENTS LIMITED. v DASILVA, 2023 ONLTB 78847
File Number: LTB-L-078918-22
Tenancy End Date
Jun 2021
Application Date
Dec 2022
Hearing Date
Nov 2023
Order Date
Dec 15, 2023
The Tenants are ordered to pay the Landlord $1,938.40, which includes the rent arrears up to June 30, 2021 and the application filing fee, minus the rent deposit. If the Tenants do not pay by December 26, 2023, they will owe interest at 7% annually on the outstanding balance.
Landlord applied for an order requiring the Tenants to pay the rent they owed. The Tenants vacated the rental unit on May 31, 2021 after giving less than 60 days' notice, which is not in accordance with the Residential Tenancies Act.
The Landlord advertised the unit for rent shortly after the Tenants moved out and was able to re-rent it after 3 months, but had to offer 2 months of free rent.
The Tenants argue that the Landlord did not do enough to accommodate them or mitigate its losses.
One of the Tenants lost his job, which resulted in the Tenants giving less than 60 days' notice to terminate the tenancy.
The Tenants gave less than 60 days' notice to terminate the tenancy, which does not comply with the Residential Tenancies Act.
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Lawful Rent
$1,737
Rent Arrears
$3,475
Application Fee
$201
Rent Deposit
$1,737
Ordered Amount
$1,938 (to Landlord)
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