Last updated: July 22, 2024
Ordered by Frank Ebner,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
Agree with the ruling?
Citation: Khalid Abu Hamid v Conchita Dmello, 2022 ONLTB 137173
File Number: CET-90846-19
Tenancy End Date
Sep 2018
Application Date
Oct 2019
Hearing Date
Feb 2022
Order Date
Feb 28, 2022
The Tenant's application was dismissed. The Landlord did not give the N12 notice in bad faith, as she moved into the rental unit within a reasonable time after the Tenant vacated.
Tenant applied for an order determining that Landlord gave a notice of termination in bad faith. The Landlord had served the Tenant with an N12 notice to end the tenancy for personal use, and the Board ordered the tenancy terminated as of September 30, 2018. The Tenant vacated the unit on November 1, 2018.
Landlord argued that the Tenant's tenancy ended on September 30, 2018 per the Board's order, and the Tenant's T5 application was filed more than one year after he vacated the unit.
Landlord moved into the rental unit in January 2019 and resided there for 1 year.
Tenant argued that he remained a tenant from October 1, 2018 to November 1, 2018, and therefore filed the T5 application within the one-year limitation period.
Tenant vacated the rental unit on November 1, 2018.
Need assistance from an expert?
Click to switch between order outcomes
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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.