Last updated: July 22, 2024
Ordered by Percy Laryea,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$18,067
to Landlord
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Citation: IMH POOL XV LP v Diaz, 2022 ONLTB 14006
File Number: LTB-L-011746-22
Application Date (Estimate)
Dec 2021
Hearing Date
Aug 2022
Order Date
Dec 6, 2022
Tenancy End Date
Dec 2022
We estimate Application Date using rent arrears.
The tenancy is terminated unless Tenants void the order by paying $30,862.00 by December 17, 2022. If not voided, Tenants must vacate by December 17, 2022, and pay $18,066.59 plus $84.00 per day from September 1, 2022, until move-out. Tenants' attempt to raise maintenance issues was denied due to lack of proper notice.
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. Landlord served a valid N4 Notice, which Tenants did not void by paying arrears. Tenants claimed financial difficulties due to caring for seven dogs but continued to work full-time. Tenants attempted to raise maintenance issues under section 82, but were not permitted due to lack of proper notice.
Landlord's representative objected to Tenants' request to raise maintenance issues, arguing lack of proper notice and inability to prepare for these claims.
Landlord addressed a bathtub clog issue on February 24, 2022.
Tenants attempted to raise maintenance issues under section 82 of the Residential Tenancies Act, but failed to provide proper notice to the Landlord.
Tenants claimed financial difficulties due to caring for seven dogs, despite continuing to work full-time since the tenancy commenced.
Tenants failed to provide proper notice of their intention to raise maintenance issues at the hearing, as required by Rule 19.4 of the Rules of Procedure of the Landlord and Tenant Board.
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Lawful Rent
$2,555
Rent Arrears
$20,456
Application Fee
$186
Rent Deposit
$2,555
Deposit Interest
$20
Ordered Amount
$18,067 (to Landlord)
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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