Last updated: October 13, 2024
Ordered by Sheena Brar,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Dispute resolved in
Agreement
Ordered Amount
$28,410
to Landlord
Agree with the ruling?
Citation: Patel v Fotinov, 2024 ONLTB 8127
File Number: LTB-L-018606-23
Application Date
Mar 2023
Hearing Date
Nov 2023
Order Date
Feb 28, 2024
The Landlord's application is granted in part. The Tenant is ordered to pay $28,409.60 in rent arrears to the Landlord. However, the tenancy is not terminated, and the Tenant is not evicted. If the Tenant does not pay the full amount by March 30, 2024, the Tenant will start owing interest at 7% annually on the outstanding balance.
The Landlord's actions led to the rent arrears, so it would be unfair to evict the Tenant.
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 on the hearing date.
Serving the N4 notice was the Landlord's way of telling the Tenant to start paying rent again.
Landlord stopped accepting rent payments from Tenant after serving N13 notice in 2021, due to misunderstanding of their obligations under the Act.
Landlord's application should have been accompanied by the N4 notice and Certificate of Service when filed.
Landlord's refusal to accept rent and then filing for eviction is a violation of the Human Rights Code.
Tenant attempted to pay rent in April and May 2021 but Landlord refused to accept it.
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Lawful Rent
$226
Rent Arrears
$28,410
Application Fee
$186
Ordered Amount
$28,410 (to Landlord)
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