Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$21,323
to Landlord
Agree with the ruling?
Application Date
Dec 2023
Hearing Date
Jun 2024
Order Date
Aug 20, 2024
Tenancy End Date
Sep 2024
Unless the Tenant voids the order by paying the full arrears, the tenancy will be terminated effective September 30, 2024. If the Tenant does not void the order, the Tenant must pay the Landlord $21,323.12, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Tenant is a person with a disability with significant caregiving responsibilities and limited means
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.
Landlord's Legal Representative requested a standard order, arguing that the amount of arrears is significant, the Tenant has made no attempt to pay the lawful rent or repay the arrears, and the Landlord's budget and ability to maintain their properties will be impacted if tenants are permitted to withhold rent.
Landlord's Agent testified that the rent arrears are $21,422.23 as of the hearing date, and that the Tenant has not complied with the requirements for internal reviews or provided the necessary information about their financial situation.
Tenant argued that the rent increases were not made in accordance with the notice provisions of the Residential Tenancies Act, 2006, and therefore the lawful monthly rent remains as it was prior to the increase.
Tenant testified that they are on social assistance, have a disability, and care for their elderly mother with dementia. Tenant's sons also live with them and have limited employment.
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Lawful Rent
$624
Rent Arrears
$21,422
Application Fee
$186
Rent Deposit
$168
Deposit Interest
$6
Ordered Amount
$21,323 (to Landlord)
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