Last updated: November 3, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$35,186
to Landlord
Agree with the ruling?
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Jun 5, 2024
Tenancy End Date
Jun 2024
The tenancy is terminated unless the tenant pays $45,692.46 by May 31, 2024 or $47,231.46 by June 30, 2024 to void the order. If the tenant does not void the order, they must vacate the unit by June 30, 2024 and pay the landlord $35,186 plus daily compensation.
Tenant is a person with a disability and should be accorded additional time to vacate
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 denied that the parking was ever cancelled by the Tenant.
Tenant denied responsibility for the arrears based on the issues the Tenant intended to raise under s. 82.
Tenant testified that she is being charged for a parking spot for her daughter which she has not utilized for years. She testified that she spoke to the Landlord's office and requested that the parking spot be removed in January 2021, but has no confirmation of this request beyond her testimony.
Tenant did not serve the Landlord or the Landlord's Legal Representative with the s. 82 issues material prior to the hearing, despite being reminded of the obligation to do so.
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Lawful Rent
$1,539
Rent Arrears
$43,967
Application Fee
$186
Rent Deposit
$1,399
Deposit Interest
$23
Ordered Amount
$35,186 (to Landlord)
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