Skyline Living v Smith
Last updated: September 12, 2024
Order
Ordered by Jana Rozehnal,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Skyline Living v Smith, 2023 ONLTB 62410
File Number: LTB-L-022232-23
Timeline
Application Date (Estimate)
Jul 2023
Hearing Date
Aug 2023
Order Date
Sep 18, 2023
Tenancy End Date
Sep 2023
We estimate Application Date using rent arrears.
Decision
The tenancy will be terminated on September 29, 2023 unless the Tenant pays $2,550.11 to void the order and continue the tenancy. If the Tenant does not pay, they must move out by September 29, 2023. The Landlord is authorized to deduct $37.24 per day for compensation for the Tenant's use of the unit starting August 2, 2023 until the Tenant moves out.
Dispute
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 parties agreed to postpone the eviction or voiding of the order until August 21, 2023.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $5,249.18 since application filed
Landlord's Arguments
Tenant's Arguments
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