1620722 ONTARIO INC. v Aagaou - LTB Dismisses Landlord's Application
LTB dismisses landlord's application to evict tenant for interference and need for repairs, due to lack of required compensation
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1260 Broadview Ave East, York, ON M4K2T4
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Aug 11, 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to substantial interference with the landlord's reasonable enjoyment or lawful right, privilege or interest, and the landlord's need for vacant possession to do major repairs or renovations to the rental unit.
Determinations
- Landlord served N13 notice of termination with termination date of February 28, 2023
- Landlord did not provide required three-month compensation to tenant
- Tenant's conduct did not substantially interfere with landlord's reasonable enjoyment or another lawful right, privilege or interest
Case Study
The landlord did not establish that they provided the required three-month compensation to the tenant, as required under the Residential Tenancies Act, 2006. The tenant's conduct, specifically the landlord-tenant relationship, did not rise to the level required to find that it substantially interfered with the landlord's reasonable enjoyment or another lawful right, privilege or interest.
Arguments and Actions
Landlord
Arguments
The Landlord's submission is that the Tenant is in arrears of rent which can be considered compensation.
Actions
The Landlord claims that there may have been a discussion, test messages between the parties, regarding compensation and was given ample time to locate and submit evidence to the Board supporting their claim however was unable to do so.
Tenant
Arguments
The Tenant disputes receiving any sort of compensation.
Decision Summary
The landlord's application is dismissed.
Adjudicator Details
LTB Member
Total Orders
701
Landlord Favorable
94.6%
Tenant Favorable
3.6%
Mutual Agreement
1.9%
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