Last updated: July 22, 2024
Ordered by Percy Laryea,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$24,365
to Landlord
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Citation: Wallace v Holden, 2023 ONLTB 20940
File Number: LTB-L-012553-22
Application Date (Estimate)
Aug 2021
Hearing Date
Sep 2022
Order Date
Feb 15, 2023
Tenancy End Date
Feb 2023
We estimate Application Date using rent arrears.
The tenancy is terminated unless the Tenants pay $33,714 to void the order and continue the tenancy, or $24,365.84 if the tenancy is terminated. The Tenants must also pay daily compensation of $60.82 for each day of occupation starting September 13, 2022 until they move out. If the Tenants do not pay the required amount by February 26, 2023, the Landlord may file the order with the Court Enforcement Office for enforcement of the eviction.
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. The tenants were still in possession of the rental unit on the hearing date.
Landlord expressed doubt about Tenants' ability to pay $25,460.60 arrears, as it is significant and they had defaulted on two previous payment plans. Landlord asserted the $1,000 monthly payment plan seems unrealistic and may put the Tenants in further financial distress.
Tenants submitted they had financial difficulties paying rent due to fewer working hours and did not qualify for CERB or unemployment benefits. They sought a $1,000 monthly payment plan.
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Lawful Rent
$1,850
Rent Arrears
$25,274
Application Fee
$186
Ordered Amount
$24,365 (to Landlord)
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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