Application of Rent Payment (RTA)

SWL-03868-09 (Re), 2009 CanLII 79877 (ON LTB)

3. The application reflects the Landlord’s position that a payment of $900.00 made by the Tenants on November 27, 2009 constituted a rent deposit. The Tenants wanted the payment applied to the December 2009 rent. Subsection 106(1) of the Residential Tenancies Act, 2006 (the 'Act') provides that a landlord may require a tenant to pay a rent deposit with respect to a tenancy if the landlord does so on or before entering the tenancy agreement [emphasis added]. In this case, the Landlord did not collect a rent deposit on or before entering the tenancy agreement, and no longer had ability to require the Tenants to pay a deposit, when the Tenants’ payment was made. Therefore, I find that the Tenants have paid the December 2009 rent in full, and that the Landlord is not holding a rent deposit.

4. The Tenants requested relief from eviction on the basis that the conduct was an isolated incident. The Landlord opposed any relief because he no longer feels safe or comfortable dealing with the Tenants in matters related to the tenancy. The Tenants were correct that their payment should have been applied to the December rent, but instead of using the legal process to resolve the dispute, the Tenant, R.C., chose to engage in violence and property damage, and put a person’s safety at risk. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would be unfair to the Landlord to grant relief from eviction or postpone the eviction pursuant to subsection 83(1) of the Act.

5. Since the Tenants have paid the rent up to December 31, 2009, the Landlord is entitled to daily compensation for the use of the unit commencing January 1, 2010, if the Tenants have not vacated the rental unit by that date.