Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-$437
to Tenant
Agree with the ruling?
Citation: 2686250 ONTARIO INC. v D'AGUILAR, 2023 ONLTB 31013
File Number: LTB-L-080612-22
Hearing Date
Apr 2022
Order Date
Apr 17, 2023
The Landlord's application for eviction due to non-payment of rent is denied. The Landlord shall pay the Tenant $436.80, which includes an abatement of rent for issues related to the boiler fire and water shut-offs, less the $186.00 application filing fee. The Tenant may reduce their May 2023 rent by the $436.80 owed to them. If the Landlord does not pay the Tenant by May 1, 2023, the Landlord will owe interest at 6% annually on the outstanding balance.
Landlord breached maintenance obligations and substantially interfered with tenant's reasonable enjoyment
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served the Tenant with a valid N4 Notice, but the Tenant did not void the notice by paying the rent arrears.
Tenant raised issues pursuant to section 82 of the Residential Tenancies Act, 2006 regarding the Landlord's failure to maintain the boiler and provide adequate heat, as well as the frequent water shut-offs.
Tenant testified they felt very cold and had to sleep with lots of blankets and extra clothes due to lack of heat. Tenant was too concerned about causing a fire to use the heater the Landlord provided at night.
Need assistance from an expert?
Lawful Rent
$1,040
Application Fee
$186
Ordered Amount
-$437 (to Tenant)
Click to switch between order outcomes
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.
Landlord wins LTB case against Mississauga tenants for non-payment of rent, tenancy terminated and tenants ordered to pay over $13,000.
Toronto tenant faces eviction for non-payment of $5,436 in rent arrears.
