Last updated: July 22, 2024
Ordered by Nicola Mulima,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$4,562
to Landlord
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Citation: 35 Canyon Limited v Zaretsky, 2022 CanLII 52376 (ON LTB)
File Number: TNL-30954-21
Application Date (Estimate)
May 2021
Hearing Date
Jul 2021
Order Date
Jan 10, 2022
We estimate Application Date using rent arrears.
The Landlord's application for eviction is denied on the condition that the Tenant pays $228 per month towards the $4,562 in rent arrears and costs, and pays the ongoing lawful rent. If the Tenant fails to make the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
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 had vacated the rental unit on September 8, 2022, prior to the hearing date.
Landlord claimed the rent arrears were calculated correctly, including the Above Guideline Increase.
Tenant disputed the rent calculation, claiming the Above Guideline Increase was applied incorrectly.
Tenant vacated the rental unit on September 8, 2022 without paying full rent arrears.
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Lawful Rent
$2,219
Rent Arrears
$4,376
Application Fee
$186
Ordered Amount
$4,562 (to Landlord)
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