The Effort Trust Company v Mingo

Last updated: September 12, 2024

Order

Ordered by Mayra Sawicki,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: October 19, 2023
Unit ***, 21 Duke St, Hamilton, ON L8P1W8
Contested Dispute

Decision in favor of

Landlord

Ordered Amount

$174

to Landlord

Dispute Categories

Notices Sent

Non-payment of rent (N4)
ContentionModerate

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Citation: The Effort Trust Company v Mingo, 2023 ONLTB 68713

File Number: LTB-L-035998-23

Timeline

Application Date (Estimate)

Aug 2023

2 months

Hearing Date

Oct 2023

9 days

Order Date

Oct 19, 2023

15 days

Tenancy End Date

Nov 2023

We estimate Application Date using rent arrears.

Decision

The tenancy is terminated unless the Tenant pays $1,560 by October 31, 2023 or $2,384 by November 3, 2023 to void the order. If the Tenant does not void the order, the Tenant must move out by November 3, 2023 and pay the Landlord $174.41, plus daily compensation of $27.09 from October 11, 2023 until the move-out date.

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Reason for Eviction Relief

The parties consented to the extended eviction date, and I am satisfied that the Tenant understood the terms.

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Landlord

Tenant

Dispute

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord also claimed charges related to NSF cheques.

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Determinations

  • Landlord served valid N4 Notice
  • Tenant did not void notice by paying arrears
  • Tenant in possession on application date
  • Lawful rent is $824 due on 1st of each month
  • Tenant paid $4,000 since application filed
  • Rent arrears owing to October 31, 2023 are $1,334
  • Landlord entitled to $40 for NSF charges
  • Landlord entitled to $186 for application filing fee
  • Landlord holds $729 rent deposit with $103.49 interest
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Landlord's Arguments

Tenant's Arguments

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Financial Details

Lawful Rent

$824

Rent Arrears

$1,334

Application Fee

$186

Rent Deposit

$729

Deposit Interest

$103

Other Amount

$40

NSF charges

Ordered Amount

$174 (to Landlord)

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