Last updated: October 13, 2024
Ordered by Sonia Anwar-Ali,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$5,160
to Landlord
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Citation: Skyline Living v Griffin, 2024 ONLTB 13977
File Number: LTB-L-050905-23
Application Date
Jan 2023
Tenancy End Date
Jul 2023
Hearing Date
Feb 2024
Order Date
Feb 21, 2024
The tenancy was terminated effective July 31, 2023, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $5,160.46 to the Landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit.
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 had vacated the rental unit on July 31, 2023, prior to the hearing date.
Landlord submits the discount was applicable where the Tenant paid the rent on time; however, the Tenant stopped doing so and lost this discount after January 2023. Landlord testified that the notice of rent increase was served to the Tenant in October 2022 for an increase that was to take effect February 2023. The Tenant only made partial payments and this is how he accrued rent arrears.
Tenant disputes the lawful monthly rent and submits that his rent was $1,545.00 with a prompt payment discount, which increased to $1,575.00 with the prompt payment discount about six months before he vacated the rental unit. Tenant also submits that he always told the Landlord when the rent would be late.
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Lawful Rent
$1,616
Rent Arrears
$6,610
Application Fee
$186
Rent Deposit
$1,616
Deposit Interest
$20
Ordered Amount
$5,160 (to Landlord)
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