Skyline Living v King - Landlord Wins Breach of Conditions Case
Landlord wins case against tenant who failed to comply with previous LTB order, tenant ordered to vacate and pay over $10600
Summarized by RentZenLast updated: September 12, 2024
Case Summary
311 16th St E, Owen Sound, ON N4K6A8
Decision in favor of
landlord
Balance Owed to Landlord
$10,641
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Dec 2023
Order Date
Jan 4, 2024
Tenancy End Date
Jan 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant failed to meet a condition specified in the order issued by the Board on September 28, 2023 with respect to previous application LTB-L-005878-23.
Determinations
- Tenant did not pay arrears of $500 due by October 15, 2023
- Tenant did not pay full lawful rent due by October 1, 2023
- Tenant does not dispute Landlord's claims of non-compliance
- Application filed within 30 days of breach
- Landlord entitled to order for payment of arrears
- Tenant owes $9,174.10 from previous order
- Tenant failed to pay rent from October 1 to December 14, 2023
- Landlord holds $981.97 rent deposit
- Interest on rent deposit owed to Tenant
Case Study
The Tenant did not meet the conditions specified in the previous order, including not paying the rent arrears and the full lawful rent. The Landlord is entitled to the rent arrears and the cost of filing the previous application, minus the rent deposit and interest on the deposit.
Decision Summary
The tenancy is terminated effective January 15, 2024. The Tenant must pay the Landlord $10,641.19 plus $33.01 per day starting December 15, 2023 until the Tenant moves out. If the Tenant does not pay the full amount by January 15, 2024, the Tenant will owe interest at 7% annually on the outstanding balance.
Reason for Eviction Relief
The Tenant's request for additional time to vacate the unit until January 15, 2024 is reasonable.
Adjudicator Details
LTB Member
Total Orders
312
Landlord Favorable
88.1%
Tenant Favorable
9.0%
Mutual Agreement
2.9%
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Financial Details
Rent Arrears
$11,644
Rent Deposit
$982
Deposit Interest
$21
Total Owing
$10,641 (Owed to Landlord)
Source
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