Said v Lyons
Last updated: September 12, 2024
Order
Ordered by E. Patrick Shea,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Dispute resolved in
Agreement
Ordered Amount
$27,511
to Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Said v Lyons, 2023 ONLTB 53473
File Number: LTB-L-006683-23
Timeline
Application Date
Mar 2023
Hearing Date
Jun 2023
Order Date
Aug 1, 2023
Decision
The Tenants are ordered to pay the Landlords $27,511.29 in rent arrears by September 15, 2023, and to pay the full monthly rent on time for 18 months. If the Tenants fail to make any of the required payments, the Landlords may apply to the LTB for an order terminating the tenancy and evicting the Tenants.
Reason for Eviction Relief
Provide Tenants opportunity to preserve tenancy
Landlord
Tenant
Dispute
Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent, the Landlords requiring possession of the rental unit for residential occupation by one of them, and the Tenants being persistently late in paying rent. The application was heard by videoconference.
Determinations
- Landlords served valid N12 notice
- Landlords did not provide required compensation for N12
- N4 notice did not specify correct rent owing
- Tenants were persistently late in paying rent
Landlord's Arguments
Arguments
Tenants were persistently late in paying rent and owed $31,400 in rent arrears.
Actions and Evidence
Landlords collected an illegal rent deposit from Tenants.
Tenant's Arguments
Arguments
N4 notice did not specify the correct rent owing, and Landlords did not disclose previous N12 notices on the L2 application.
Actions and Evidence
Tenants vacated the rental unit from December 29, 2022 to January 6, 2023 due to a previous LTB order.
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Financial Details
Lawful Rent
$2,700
Rent Arrears
$27,511
Ordered Amount
$27,511 (to Landlord)
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