Last updated: September 12, 2024
Ordered by Emile Ramlochan,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$183
to Landlord
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Citation: WCPT: Georgian Inc. DBA: Foundry Georgian v Bethanie Brereton, 2023 ONLTB 40371
File Number: LTB-L-069971-22
Application Date
Nov 2022
Tenancy End Date
Dec 2022
Hearing Date
May 2023
Order Date
May 29, 2023
The tenancy is terminated effective December 31, 2022, the date the Tenant vacated the rental unit. The Tenant shall pay the Landlord $182.88, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The parties disputed whether the Landlord served a valid N4 Notice and whether the Tenant paid the rent owing before the application was filed.
Landlord's representative submitted that the Tenant was served with a valid N4 Notice, and as the Tenant did not void the notice by paying the arrears, the Landlord was required to file the application, incurring the cost which the Tenant should be liable for.
Tenant argued that as she vacated the unit on December 31, 2022, the rent deposit should be applied to the last month's rent, leaving her without a balance to be paid. Since she paid all rent due, she should not be responsible for the application fee.
Tenant testified that she never received an N4 Notice and only became aware of it when the Board proceedings commenced.
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Lawful Rent
$708
Rent Arrears
$708
Application Fee
$186
Rent Deposit
$700
Deposit Interest
$11
Ordered Amount
$183 (to Landlord)
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