Last updated: October 13, 2024
Ordered by Jonathan Rosenstein,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$8,822
to Landlord
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Citation: Tharmaseelan v Premthas, 2024 ONLTB 14304
File Number: LTB-L-067782-23
Application Date (Estimate)
Jul 2023
Hearing Date
Jan 2024
Order Date
Mar 26, 2024
Tenancy End Date
May 2024
We estimate Application Date using rent arrears.
The tenancy is terminated unless the Tenant voids the order by paying $12,786 by March 31, 2024, $14,186 by April 30, 2024, or $15,586 by May 15, 2024. If the Tenant does not void the order, the Tenant must move out by May 15, 2024 and pay the Landlord $8,822.43 plus daily compensation of $46.03 per day starting January 31, 2024.
The Tenant has minor children and will require time to find a new home for her family.
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 was still in possession of the rental unit on the hearing date.
The Landlord argues that the $1,400 per month rent is lawful because the rental unit is exempt from the rent increase guidelines and the Tenant paid the higher rent for more than 12 months without complaint.
The Tenant claims the lawful rent is $1,200 per month based on the rent increase guidelines, but she paid $1,400 per month from January 2022 to June 2023 because the Landlord threatened to evict her if she did not pay the higher amount.
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Lawful Rent
$1,400
Rent Arrears
$9,800
Application Fee
$186
Rent Deposit
$1,100
Deposit Interest
$44
Ordered Amount
$8,822 (to Landlord)
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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