Last updated: July 26, 2024
Ordered by Sonia Anwar-Ali,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$6,873
to Landlord
Agree with the ruling?
Citation: Najbert v Ellison, 2021 CanLII 66128 (ON LTB)
File Number: SOL-13669-20
Application Date (Estimate)
Apr 2020
Hearing Date
Nov 2020
Order Date
Jan 15, 2021
Tenancy End Date
Jan 2021
We estimate Application Date using rent arrears.
The tenancy is terminated effective January 31, 2021. The Tenant must pay $6,873.43 to the Landlord, which includes rent arrears up to January 15, 2021 and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant must also pay $26.96 per day for compensation for use of the unit starting January 16, 2021 until the Tenant moves out. If the Tenant pays $7,505 on or before January 31, 2021, the eviction order will be void and the tenancy will continue.
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.
Landlord opposed Tenant's repayment plan as unit appears no longer affordable for Tenant, and Tenant is also behind on hydro bills. Landlord opposed delay in eviction greater than 60 days.
Tenant proposed a repayment plan to pay an additional $90 on top of rent for 66 months until balance is paid. Alternatively, Tenant sought a 90-day delay in eviction.
Tenant fell into arrears after splitting with fiancée in December 2019, resulting in him not being able to cover expenses alone. Tenant works in roofing and expects to be employed in spring 2021 when weather is more favorable.
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Lawful Rent
$820
Rent Arrears
$5,865
Application Fee
$175
Rent Deposit
$694
Deposit Interest
$96
Ordered Amount
$6,873 (to Landlord)
Click to switch between order outcomes
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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