J.S. v M.M.
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: J.S. v M.M., 2015 CanLII 2903 (ON LTB)
File Number: TNL-62904-14-RV
Timeline
Hearing Date
Dec 2014
Order Date
Jan 2, 2015
Tenancy End Date
Jan 2015
Decision
The tenancy is terminated, and the Tenant must move out by January 31, 2015. The Tenant must pay the Landlord $2,341.14 for compensation for use of the unit and NSF cheque charges, less the rent deposit and interest. The Tenant must also pay the Landlord $42.74 per day for compensation for use of the unit from January 3, 2015 until the Tenant moves out. If the Tenant does not pay the full amount by January 31, 2015, she will start owing interest.
Dispute
Landlord applied to terminate the tenancy and evict the Tenant due to wilful or negligent damage to the rental unit and because the Landlord did not consent to an assignment or sublet of the unit. The Tenant requested a review of the original order.
Determinations
- Tenant was reasonably unable to participate in original hearing
- Unauthorized sublet or assignment portion of application dismissed
- Tenant wilfully or negligently damaged Landlord's property
- Landlord did not substantiate claimed damages
- Tenancy could not be rehabilitated due to broken relationship
- Tenant mostly responsible for broken relationship
- Tenant given delay before moving out to minimize hardship to children
Landlord's Arguments
Considerations
Landlord sought a restraining order against Tenant and delegated communications to his 18-year-old daughter, who no longer wishes to continue in this role
Tenant's Arguments
Actions and Evidence
Tenant kicked in the entrance door after locking herself out, and removed the thermostat cover on two occasions
Considerations
Tenant's conduct was part of a pattern of hostile behavior, including kicking in the entrance door and repeatedly removing the thermostat cover, which was highly disruptive to the Landlord
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