Sobot v Redmond

Last updated: September 12, 2024

Order

Ordered by Lisa Del Vecchio,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: September 6, 2023
Unit ***, 758 Whitman Cres, Oshawa, ON L1H3L4
Contested Dispute

Decision in favor of

Landlord

Ordered Amount

$8,466

to Landlord

Dispute Categories

Notices Sent

Non-payment of rent (N4)
ContentionHigh

Agree with the ruling?

Citation: Sobot v Redmond, 2023 ONLTB 60778

File Number: LTB-L-040205-23

Timeline

Application Date (Estimate)

Mar 2023

5 months

Hearing Date

Aug 2023

8 days

Order Date

Sep 6, 2023

24 days

Tenancy End Date

Sep 2023

We estimate Application Date using rent arrears.

Decision

The tenancy will be terminated on September 30, 2023 unless the tenants pay $8,466 to void the order and continue the tenancy. If the tenants do not pay, they must vacate the unit by September 30, 2023 and pay the landlords $5,721.73 plus daily compensation of $45.37 from August 30, 2023 until the date they move out.

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Reason for Eviction Relief

Tenants have been out of work and relying on family, one has a job offer and the other has anxiety issues. Landlords are small and rely on the rental income.

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Dispute

Landlords 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 at the time of the hearing.

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Determinations

  • Landlords served valid N4 Notice
  • Tenants did not void notice by paying arrears
  • Tenants in possession on application date
  • Lawful rent due on 1st of each month
  • No payments made since application filed
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Landlord's Arguments

Arguments

Landlords have tried to negotiate a repayment plan without success, and the rent arrears have put them in a difficult position.

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Actions and Evidence

Landlords are small and rely on the rental income.

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Tenant's Arguments

Actions and Evidence

Tenants have been out of work and relying on family, one has a job offer and the other has anxiety issues.

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Financial Details

Lawful Rent

$1,380

Rent Arrears

$6,900

Application Fee

$186

Rent Deposit

$1,300

Ordered Amount

$8,466 (to Landlord)

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