Kamche v Kalala: Non-payment of Rent and Maintenance Dispute in Scarborough
Scarborough landlord wins eviction order against tenant for rent arrears and interference
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 4062 Lawrence Ave E, Scarborough, ON M1E4V5
Decision in favor of
landlord
Balance Owed to Landlord
$11,088
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2022
Hearing Date
Dec 2022
Order Date
Dec 7, 2022
Tenancy End Date
Jan 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord filed for eviction due to non-payment of rent. Tenant filed T2/T6 applications for maintenance issues and alleged harassment by the Landlord. The Tenant proposed a payment plan, which the Landlord agreed to. The Board ordered repairs and compensation for the Tenant while allowing the Landlord's eviction order to proceed if the Tenant fails to make agreed payments.
Determinations
- Landlord deactivated fobs and disconnected internet
- Landlord's actions constituted interference with reasonable enjoyment
- Lawful rent is $1,960.00 due on the first of each month
- Tenant denied Landlord access for repairs
- Tenant still in possession of rental unit
- Tenant took over lease from former tenant with Landlord's consent
- Valid N4 Notice served
Case Study
The Tenant could have avoided eviction by making timely rent payments and allowing the Landlord access for repairs. The Landlord should have been more cautious in deactivating fobs and disconnecting internet, as these actions were seen as attempts to compel the Tenant to vacate without a Board order.
Arguments and Actions
Landlord
Arguments
Landlord claimed that deactivating fobs was pre-arranged with the Condo authority per condo by-laws when a Tenant gives notice to vacate.
Actions
Landlord deactivated door and garage fobs, disconnected internet service that was included in rent.
Aggravating Factors
Deactivating fobs and disconnecting internet without proper justification
Tenant
Arguments
Tenant argued that the Landlord's actions constituted harassment and interference with reasonable enjoyment of the rental unit.
Actions
Tenant denied Landlord access to the rental unit to inspect damages. Tenant proposed a payment plan to address rent arrears.
Aggravating Factors
Denying Landlord access for repairs
Decision Summary
The Board ordered the tenancy terminated unless the Tenant voids the order by paying the specified amounts. The Landlord must make repairs and pay compensation to the Tenant for interference with reasonable enjoyment. The Tenant must make agreed payments to avoid eviction.
Adjudicator Details
LTB Member
Total Orders
534
Landlord Favorable
79.6%
Tenant Favorable
14.0%
Mutual Agreement
6.4%
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Financial Details
Lawful Rent
$1,960
Rent Arrears
$11,760
Application Fee
$186
Rent Deposit
$1,960
Deposit Interest
$18
Total Owing
$11,088 (Owed to Landlord)
Source
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