L.I. v L.G. and J.G.
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Dispute resolved in
Agreement
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: L.I. v L.G. and J.G., 2016 CanLII 72246 (ON LTB)
File Number: TEL-72803-16
Timeline
Hearing Date
Oct 2016
Order Date
Oct 17, 2016
Tenancy End Date
Nov 2016
Decision
Tenancy terminated effective November 30, 2016. Tenants must pay Landlord $932.21 plus $30.18/day from October 18, 2016 until move-out, and $170 application fee. Tenants can void eviction by paying $2,424 by October 31, 2016 or $3,342 by November 30, 2016.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. Tenants raised issues of landlord harassment and substantial interference with reasonable enjoyment.
Determinations
- Tenants did not pay rent for August 1, 2016 to October 31, 2016
- Rent arrears total $2,254
- Landlord incurred $170 in application filing costs
- Landlord's claim for $40 in NSF fees denied
- Landlord holds $900 rent deposit, with $21.84 in interest owed to Tenants
- Tenants have temporary custody of grandchild, causing financial hardship
- Landlord tried to evict Tenants due to presence of grandchild, which is discriminatory
- Landlord's behavior constitutes substantial interference and breach of Act
Landlord's Arguments
Arguments
Unit is too small for three people, and presence of child causes disturbance to other tenants.
Actions and Evidence
Landlord has repeatedly tried to evict Tenants since March 2016 because she does not want children living in the 'adults only' building.
Tenant's Arguments
Arguments
Landlord's behavior of trying to evict Tenants due to presence of grandchild is discriminatory under the Human Rights Code and constitutes substantial interference with reasonable enjoyment.
Actions and Evidence
Tenants have been caring for their infant grandchild, causing financial hardship and inability to pay rent.
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