Granview Property Management v Benson
Last updated: January 12, 2025
Order
Ordered by Anthony Bruno,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Granview Property Management v Benson, 2024 ONLTB 54940
File Number: LTB-L-004075-22-HO-2
Timeline
Application Date
Aug 2022
Hearing Date
Jul 2024
Order Date
Jul 31, 2024
Tenancy End Date
Aug 2024
Decision
The tenancy is terminated unless the Tenant voids the order by paying $35,136.91 by July 31, 2024 or $36,273.56 by August 11, 2024. If the Tenant does not void the order, they must pay the Landlord $34,502.47 and vacate the unit by August 11, 2024. The Landlord is entitled to daily compensation for the Tenant's continued occupation after July 19, 2024.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Tenant did not attend the initial hearing, but later requested a review of the order. The review hearing was granted, and the matter was scheduled for an in-person de-novo hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,136.70 per month
- Tenant has not made any payments since application filed
- Rent arrears owing to July 31, 2024 are $34,950.91
- Landlord incurred $186.00 in application filing costs
- Landlord holds $1,047.53 rent deposit, with $77.07 interest owed to Tenant
- Relief from eviction under section 83(1) would be unfair
Landlord's Arguments
Tenant's Arguments
Actions and Evidence
Tenant did not pay rent for May, June, or July 2024 and failed to submit section 82 issues by the deadline.
Procedural Errors
Tenant did not attend initial hearing, claimed they did not receive notice
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Financial Details
Lawful Rent
$1,137
Rent Arrears
$34,951
Application Fee
$186
Rent Deposit
$1,048
Deposit Interest
$77
Ordered Amount
$35,137 (to Landlord)
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