Last updated: July 26, 2024
Ordered by Ruth Carey,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Guardian Capital Real Estate GP Inc. v Du, 2021 ONLTB 147980
File Number: SWL-48880-21-RV
Application Date
Jan 2021
Hearing Date
Nov 2021
Order Date
Nov 18, 2021
The Board lacked jurisdiction to hear the landlord's application because the tenant had vacated the rental unit in July 2020 and was no longer in possession at the time the application was filed in January 2021. The review was granted and the application dismissed.
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant had vacated the rental unit on September 8, 2022, prior to the hearing date.
Landlord argued Tenant was still in possession since he did not explicitly notify Landlord he had vacated.
Landlord believed Tenant was still in possession based on information from a contractor, but did not personally verify this or ask other tenants.
Landlord failed to properly investigate Tenant's possession status before filing application.
Tenant argued he was not reasonably able to participate in the initial hearing on July 8, 2021.
Tenant vacated the rental unit in July 2020 and never returned, removing his last possessions at that time.
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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