Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$10,081
to Landlord
Agree with the ruling?
Citation: Rubbani v Peters, 2024 ONLTB 20338
File Number: LTB-L-053776-23
Application Date (Estimate)
Jun 2023
Hearing Date
Dec 2023
Order Date
Apr 3, 2024
Tenancy End Date
Apr 2024
We estimate Application Date using rent arrears.
The tenancy will be terminated on April 30, 2024 unless the tenants pay $26,036 to void the order. If the tenants do not pay, they must vacate the unit by April 30, 2024 and pay the landlord $10,081.05 plus daily compensation of $88.77 per day starting December 5, 2023.
Considering the circumstances of the parties, including the Tenants' financial situation and the presence of minor children, I have determined that it would not be unfair to postpone the eviction until April 30, 2024.
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 on the hearing date.
Landlord's representative argued the Tenants' proposed repayment plan was unreasonable given the amount of arrears, and that the Tenants had the funds available to pay rent but chose not to.
Landlord has had to take out a second mortgage on the rental property and their own personal mortgage due to the non-payment of rent, and is now in a position where they need to sell the rental property.
Tenants requested a 4-year repayment plan of $300/month or 30-60 days to move out, citing difficulty finding alternative housing due to their income sources and having 3 small children.
Tenants have not made any payments since the application was filed, despite having the funds available.
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Lawful Rent
$2,700
Rent Arrears
$15,050
Application Fee
$186
Rent Deposit
$2,700
Deposit Interest
$110
Ordered Amount
$10,081 (to Landlord)
Click to switch between order outcomes
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