Munns v Guiza
Last updated: September 12, 2024
Order
Ordered by Heather Kenny,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Munns v Guiza, 2023 ONLTB 35714
File Number: LTB-L-040197-22
Timeline
Application Date (Estimate)
Oct 2022
Hearing Date
Feb 2023
Order Date
May 11, 2023
Tenancy End Date
May 2023
We estimate Application Date using rent arrears.
Decision
The tenancy will be terminated on May 22, 2023 unless the Tenant pays $14,386 to void the order and continue the tenancy. If the Tenant does not pay, they must vacate the unit by May 22, 2023 and pay the Landlord $6,289.36 plus daily compensation of $59.18 from February 17, 2023 until the Tenant moves out.
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 at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $7,000 since application filed
Landlord's Arguments
Tenant's Arguments
Actions and Evidence
Tenant offered to vacate the rental unit on March 15, 2023.
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