Landlord Loses Bid for Tenant Eviction Costs in Khan v Green: Khan v Green 2022
Landlord loses bid to make Brampton tenant pay eviction costs
Summarized by RentZenLast updated: July 22, 2024
Case Summary
27 Pali Drive, Brampton, ON L6P2S6
Decision in favor of
landlord
Balance Owed
$0
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Nov 2021
Order Date
Jan 4, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Landlord not entitled to application fee as he did not request it at first hearing
- No dispute that Tenant paid all rent owing to April 24, 2021 when Tenant vacated
- Order contains serious errors
Case Study
The Landlord's application for eviction was based on a no-fault N12 notice, and the Landlord did not request costs at the first hearing, so the Tenant should not have been ordered to pay the application fee.
Decision Summary
Order CEL-94917-20 issued on June 25, 2021 is varied to cancel paragraphs 2, 3, 4 and 5 regarding the Tenant paying the Landlord's application fee.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
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