SCHEBESCH v STROUD
Last updated: February 17, 2025
Order
Ordered by Curtis Begg,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$7,261
to Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: SCHEBESCH v STROUD, 2024 ONLTB 94043
File Number: LTB-L-060459-24
Timeline
Application Date (Estimate)
May 2024
Hearing Date
Dec 2024
Order Date
Dec 20, 2024
Tenancy End Date
Jan 2025
We estimate Application Date using rent arrears.
Decision
Unless the Tenant voids the order by paying $9,923 by 2024-12-31 or $11,314 by 2025-01-31, the tenancy will be terminated. If the Tenant does not void the order, they must pay the Landlord $7,261.22 and vacate the unit by 2025-01-31. The Landlord may file the order with the Sheriff to enforce the eviction if the unit is not vacated.
Reason for Eviction Relief
Tenant was unemployed at the time of the hearing and requested a 6-month postponement to find alternative accommodations. The adjudicator granted a postponement until 2025-01-31 as a reasonable compromise.
Dispute
Landlords 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 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
- Landlords served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,391 due on 1st of each month
- Tenant has not made any payments since application filed
- Rent arrears owing to 2024-12-31 are $9,737
Landlord's Arguments
Tenant's Arguments
Actions and Evidence
Tenant testified that they had an interview for a position but no employment has been secured. They have lived in the rental unit for approximately 3 years.
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Financial Details
Lawful Rent
$1,391
Rent Arrears
$9,737
Application Fee
$186
Rent Deposit
$1,325
Deposit Interest
$83
Ordered Amount
$7,261 (to Landlord)
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