Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$9,161
to Landlord
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Citation: LS GP Inc v Monette, 2023 ONLTB 51252
File Number: LTB-L-019134-23
Application Date (Estimate)
Jan 2023
Hearing Date
Jun 2023
Order Date
Jul 18, 2023
Tenancy End Date
Aug 2023
We estimate Application Date using rent arrears.
The tenancy is terminated unless the Tenants pay $14,886 by July 31, 2023, or $17,386 by August 12, 2023, to void the order. If the Tenants do not void the order, they must pay $9,161.13 to the Landlord and vacate the unit by August 12, 2023. The Landlord is entitled to compensation of $82.19 per day for the Tenants' continued occupation of the unit.
Considering all the circumstances, it would not be unfair to postpone the eviction to August 12, 2023.
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 parties consented to amending the application to reflect that the Tenants paid $1,800 for the period of February 1, 2023, to February 28, 2023, reducing the total arrears claimed to $4,700.
Landlord's representative claimed that the Tenant's monthly expenses were not reliable and that it does not take weeks, but rather a few days for the remittance of the rental assistance payments.
Tenant Andre Monette testified that the City of Ottawa will pay the outstanding arrears and that this balance will be cleared by the end of July 2023.
Tenants were both diagnosed with cancer, which impacted their ability to pay rent due to medical appointments and treatment.
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Lawful Rent
$2,500
Rent Arrears
$12,200
Application Fee
$186
Rent Deposit
$2,500
Deposit Interest
$33
Ordered Amount
$9,161 (to Landlord)
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