Last updated: September 12, 2024
Ordered by Maria Shaw,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$3,981
to Landlord
Agree with the ruling?
Citation: Ho v Cacilhas, 2023 ONLTB 54817
File Number: LTB-L-043574-22
Application Date
Jul 2022
Hearing Date
Mar 2023
Order Date
Aug 10, 2023
Tenancy End Date
Sep 2023
The tenancy is terminated and the Tenants must vacate the rental unit on or before September 30, 2023. The Tenant shall pay the Landlord $3,980.67, which includes compensation for use of the unit and the application filing fee, minus the rent deposit and interest. If the Tenant does not pay the full amount by September 30, 2023, the Tenant will start to owe interest.
The Tenants testified that due to their financial circumstances it would be difficult to find an affordable rental unit. The Tenant Joseph Cacilhas has just become employed. The Tenants have childcare in place for their children in the community and delaying the eviction will allow additional time for the Tenants to seek an alternate rental unit in the same community.
Landlord applied for an order to terminate the tenancy and evict the Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
The Landlord testified that he attempted to give the Tenant an amount equal to one month's rent by September 30, 2022 for the compensation required with the N12 notice. The Tenant refused to accept the rent compensation and testified that he believed if he did so he would imply that he consented to the eviction.
The Tenant did not provide evidence that the Landlord did not intend to occupy the rental unit for a period of one year, rather the Tenant challenges the application based on the Tenant's circumstances and challenges in finding an alternate rental unit for his family.
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Lawful Rent
$786
Application Fee
$186
Rent Deposit
$650
Other Amount
$4,445
Daily compensation for use and occupation of rental unit
Ordered Amount
$3,981 (to Landlord)
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