Last updated: September 12, 2024
Ordered by Kelly Delaney,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$19,298
to Landlord
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Citation: Yuanyuan Zhao v Kristeanna Mercer, 2023 ONLTB 38305
File Number: LTB-L-064545-22
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
May 24, 2023
Tenancy End Date
Jul 2023
The tenancy is terminated unless the Tenant pays the full amount owing by the specified deadlines to void the order. If the Tenant does not void the order, the Tenant must move out by July 15, 2023 and pay the Landlord $19,297.62, which includes rent arrears and the application filing fee, minus the rent deposit and interest.
To provide the Tenant the opportunity to pay the arrears before the tenancy is terminated.
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. The Tenant was still in possession of the rental unit on the hearing date.
Landlord wished to terminate the tenancy earlier for non-payment of rent and submitted that to impose a payment plan, extending the tenancy would prejudice the Landlord.
Landlord Representative questioned the validity of the Tenant's payment plan, submitting the Tenant had not paid any rent for close to 15 months.
Tenant testified they had already signed an N11 agreement with the Landlord to terminate the tenancy effective July 31, 2023 and proposed a payment plan to pay all arrears by July 21, 2023.
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Lawful Rent
$2,300
Rent Arrears
$23,000
Application Fee
$186
Rent Deposit
$2,300
Deposit Interest
$45
Ordered Amount
$19,298 (to Landlord)
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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