Last updated: September 12, 2024
Ordered by Kelly Delaney,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$9,223
to Landlord
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Citation: Nia-kathoni v Errol, 2023 ONLTB 22343
File Number: LTB-L-039836-22
Application Date
Jul 2022
Tenancy End Date
Jan 2023
Hearing Date
Feb 2023
Order Date
Feb 22, 2023
The tenancy was terminated effective January 3, 2023, the date the tenants vacated the rental unit. The tenants are ordered to pay $9,222.52 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Landlords 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 had vacated the rental unit on January 3, 2023, prior to the hearing date.
Landlord representative opposed the adjournment, arguing the tenants had ample time to make the request and that delaying the hearing would be prejudicial to the landlord given the undisputed arrears owing.
Tenants requested an adjournment to have their T2 and T6 applications heard together, arguing the abatements they were requesting would significantly offset the arrears owing. They also requested the adjournment to consult legal counsel.
Tenants vacated the rental unit on January 3, 2023, without paying full rent arrears.
Tenants did not previously request to have the applications combined or provide disclosure in accordance with the Board rules, citing lack of knowledge of the rules.
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Lawful Rent
$2,150
Rent Arrears
$11,212
Application Fee
$186
Rent Deposit
$2,150
Deposit Interest
$26
Ordered Amount
$9,223 (to Landlord)
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