Landlord Loses Damage and Interference Case Against Tenant: 2692140 Ontario Inc. v Agili Fakiri Liwa 2022
Tenant Wins LTB Case Against Landlord's Damage and Interference Claims
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 663 Marentette Avenue, Windsor, ON N9A1Z3
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Nov 2021
Order Date
Feb 28, 2022
Dispute Summary
The Landlord applied to terminate the tenancy and evict the Tenant due to allegations of the Tenant causing undue damage to the premises and substantially interfering with other tenants or the Landlord's reasonable enjoyment. The Landlord claimed compensation for the damage and for each day the Tenant remained in the unit after the termination date.
Determinations
- Landlord failed to prove Tenant knocked on other tenants' doors and threatened them
- Landlord failed to prove Tenant or his guest caused damage to the window
- Landlord's application dismissed due to lack of evidence
Case Study
The Landlord failed to provide sufficient evidence to prove the allegations in the N5 notice on a balance of probabilities. The Tenant's testimony was not contradicted, and the Landlord did not call any witnesses to support the claims. Therefore, the Landlord's application was dismissed.
Arguments and Actions
Tenant
Actions
Tenant admits to knocking on the door of the tenant in 'unit 7' because there were people coming to the rental complex knocking on his window at late hours of the night looking for the tenant in 'unit 7', which created noise disturbances for the Tenant. Tenant denies knocking on other tenants' doors or threatening them.
Decision Summary
The Landlord's application was dismissed as the Landlord failed to provide sufficient evidence to prove the allegations in the N5 notice on a balance of probabilities.
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
Need assistance from an expert?
Sponsored
Financial Details
Damages
$550
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.