Pillai v Copper
Last updated: November 3, 2024
Order
Ordered by Vicky Liu,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$6,568
to Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Pillai v Copper, 2024 ONLTB 26127
File Number: LTB-L-090994-23
Timeline
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
Apr 16, 2024
Tenancy End Date
May 2024
Decision
The tenancy is terminated unless the Tenant pays $10,454.40 by April 30, 2024 or $12,287.60 by May 15, 2024 to void the order. If the Tenant does not void the order, they must vacate by May 15, 2024 and pay the Landlord $6,568.04 plus daily compensation of $60.27 from March 29, 2024 until move-out.
Reason for Eviction Relief
Tenant has 3 young children
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 on the hearing date.
Determinations
- Tenant sought adjournment to obtain legal representation, but request denied
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,833.20 per month, due on 1st
- Tenant paid $500 since application filed
- Rent arrears to hearing date are $8,435.20
- Landlord incurred $186 in filing fees
Landlord's Arguments
Actions and Evidence
Landlord submitted that he has no confidence the Tenant will pay due to previous experience, and the rental unit is mortgaged, causing financial hardship.
Tenant's Arguments
Actions and Evidence
Tenant testified that OW stopped direct payments to Landlord in December 2023 and she intends to seek Rent Bank assistance and have OW payments reinstated for April 2024.
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Financial Details
Lawful Rent
$1,833
Rent Arrears
$8,435
Application Fee
$186
Rent Deposit
$1,750
Deposit Interest
$158
Ordered Amount
$6,568 (to Landlord)
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