T* Cuong Phuong v A******** Howell

Last updated: November 20, 2024

Order

Ordered by Charles Dowdall,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: September 19, 2024
*** College St, Toronto, ON M6H1B6
Uncontested Dispute

Decision in favor of

Landlord

Dispute Categories

Notices Sent

Non-payment of rent (N4)

Subsections of RTA Quoted

69
ContentionModerate

Agree with the ruling?

Citation: T* Cuong Phuong v A******** Howell, LTB-L-030088-24

File Number: LTB-L-030088-24-HR

Timeline

Application Date (Estimate)

Oct 2023

7 months

Tenancy End Date

May 2024

3 months

Hearing Date

Sep 2024

9 days

Order Date

Sep 19, 2024

We estimate Application Date using rent arrears. Tenancy ended before hearing.

Decision

The tenancy is terminated as of May 31, 2024, the date the Tenant vacated the rental unit. The Tenant is ordered to pay the Landlord $16,186.00, which includes rent arrears up to the move-out date and the cost of filing the application. If the Tenant does not pay the full amount by September 30, 2024, they will start owing interest at 7% annually on the outstanding balance.

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Dispute

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant did not attend the hearing, although properly served with notice.

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Determinations

  • Landlord served valid N4 Notice
  • Tenant did not void notice by paying arrears
  • Tenant in possession on application date
  • Tenant vacated on 2024-05-31
  • Lawful rent due on 1st of each month
  • No payments made since application filed
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Landlord's Arguments

Tenant's Arguments

Actions and Evidence

Tenant vacated the rental unit on May 31, 2024 without paying full rent arrears.

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