Aldairi v Tova Anderson

Last updated: August 6, 2024

Order

Ordered by E. Patrick Shea,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: October 19, 2023
*** Thirtieth Street, Etobicoke, ON M8W3E4
Contested Dispute

Dispute resolved in

Agreement

Ordered Amount

-

to Landlord

Notices Sent

Non-payment of rent (N4)Persistent late payment (N8)Tenant rights (T2)Personal use (N12)Bad faith eviction (T5)Maintenance (T6)
ContentionExtreme

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Citation: Aldairi v Tova Anderson, 2023 ONLTB 64401

File Number: LTB-T-073924-22 and LTB-L-022169-22

Timeline

Application Date

Nov 2021

8 months

Hearing Date

Jul 2022

16 months

Order Date

Oct 19, 2023

Decision

The Landlord's L2 application is withdrawn. The Landlord shall pay the Tenant $6,048 (including $6,000 rent abatement and $48 filing fee). The Tenant may set off this amount against the rent owed. If the parties cannot agree on the net rent owed and a payment plan by November 15, 2023, they may make written submissions to the LTB. The Tenant shall pay the lawful monthly rent going forward, and the Landlord may apply for an order terminating the tenancy if the Tenant fails to do so.

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Dispute

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and for the Tenant altering the rental unit and operating an unlicensed rooming house. The Tenant filed a T2 application asserting the Landlord illegally entered the rental unit, substantially interfered with his reasonable enjoyment of the unit, harassed him, and withheld vital services.

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Determinations

  • Landlord served valid N4, N6 and N7 notices
  • Tenant took on paying roommates
  • Tenant installed temporary wall in basement
  • Landlord asserted Tenant operated unlicensed rooming house
  • Landlord entered unit without proper notice on Nov 1 and 5, 2021
  • Landlord interfered in Tenant's relationship with roommates
  • Landlord instigated neighbours to surveil Tenant
  • Landlord facilitated negative CBC article about Tenant
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Landlord's Arguments

Actions and Evidence

Landlord entered unit without proper notice, interacted directly with Tenant's roommates, and provided misleading information to CBC

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Considerations

Landlord interfered with Tenant's relationship with roommates, instigated neighbours to surveil Tenant, and facilitated negative media coverage

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Tenant's Arguments

Actions and Evidence

Tenant took on paying roommates and installed temporary wall in basement

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Financial Details

Rent Arrears

$26,520

Application Fee

$186

Damages

$13,849

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