P*** Scherer v V******* Mahari
Last updated: September 12, 2024
Order
Ordered by James W. Campbell,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: P*** Scherer v V******* Mahari, 2023 ONLTB 45180
File Number: LTB-L-006271-23
Timeline
Application Date (Estimate)
Jun 2023
Hearing Date
Jun 2023
Order Date
Jun 26, 2023
Tenancy End Date
Sep 2023
We estimate Application Date using rent arrears.
Decision
The tenancy will be terminated on September 30, 2023 unless the tenants pay the outstanding rent arrears and costs. The tenants are ordered to pay $1,428 by July 31, 2023, $2,514 by August 31, 2023, or $3,600 by September 30, 2023 to void the termination order. If the tenants do not pay, they must vacate the unit by September 30, 2023 and the landlord can file the order with the Sheriff for enforcement.
Reason for Eviction Relief
The Board has considered all of the disclosed circumstances and finds that it would not be unfair to postpone the eviction until September 30, 2023.
Dispute
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 tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Landlord's Arguments
Actions and Evidence
The landlord testified that he spent $42,000 for a new boiler and $10,000 for a new hot water tank, which were necessary for the provision of heat in the complex.
Tenant's Arguments
Arguments
The tenants argued that the rent increases in 2019, 2020 and 2022 were unlawful.
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