Last updated: July 26, 2024
Ordered by Jana Rozehnal,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$20,850
to Landlord
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Citation: Hrs Property Management v Oswald, 2021 CanLII 108351
File Number: SWL-47955-20
Application Date
Dec 2020
Hearing Date
Jun 2021
Order Date
Jul 15, 2021
Tenancy End Date
Aug 2021
The tenancy is terminated effective August 5, 2021. The Tenants must pay the Landlord $20,850.02, which represents the amount of rent owing and compensation up to July 15, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants must also pay the Landlord $65.75 per day for compensation for the use of the unit starting July 16, 2021 to the date the Tenants move out of the unit, and $186.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by August 5, 2021, they will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by August 5, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.
Landlord opposed the Tenants' payment plan and sought termination of the tenancy.
Landlord opposed the Tenants' payment plan as the parties had entered into a payment plan before, but the Tenants defaulted. Moreover, the Tenants were in arrears of $11,000.00 even before the Covid 19 pandemic, and the situation is causing the Landlord financial hardship.
Tenants requested relief from eviction and proposed a payment plan to pay the arrears.
Tenants fell into arrears after the catering company the Tenant Lisa M Oswald worked for closed. She now has full-time employment and has been paying rent for the last 6 months. The Tenant proposed to pay $1,000.00 per month towards the arrears.
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Rent Arrears
$22,000
Application Fee
$186
Rent Deposit
$2,000
Deposit Interest
$75
Ordered Amount
$20,850 (to Landlord)
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