Lail v Livermore
Last updated: July 26, 2024
Order
Ordered by Nancy Morris,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Lail v Livermore, 2021 CanLII 147430 (ON LTB)
File Number: SWL-49270-21
Timeline
Application Date (Estimate)
Dec 2020
Tenancy End Date
Sep 2021
Hearing Date
Oct 2021
Order Date
Nov 18, 2021
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Decision
The tenancy was terminated effective September 7, 2021, the date the tenants vacated the rental unit. The tenants are ordered to pay $15,890.42 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, less the rent deposit, interest on the deposit, and a rent abatement of $1,085.47 for the landlord's breach of maintenance responsibilities.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent, which the tenants did not void by paying the arrears. The tenants had vacated the rental unit on September 7, 2021, prior to the hearing date.
Determinations
- Tenants did not pay rent from November 1, 2020 to August 31, 2021
- Tenants vacated on or before September 7, 2021
- Landlord collected $1,850 rent deposit and $50 key deposit
- Interest owed on rent deposit from October 1, 2020 to August 31, 2021
- Rental unit is a 4 bedroom house with basement and laundry
- Monthly rent is $1,887.76 including utilities
- Tenants reported maintenance issues upon moving in
- Landlord addressed most issues by end of December 2020
- Landlord did not timely address unpatched holes and missing doors/windows
- Landlord did not timely address electrical hazards
Landlord's Arguments
Actions and Evidence
Landlord addressed most maintenance issues by end of December 2020, but did not timely address unpatched holes, missing doors/windows, and electrical hazards.
Tenant's Arguments
Arguments
Tenants argued the landlord breached his maintenance responsibilities under the Residential Tenancies Act.
Actions and Evidence
Tenants reported maintenance issues upon moving in, including mould, damaged carpeting, missing doors, and electrical hazards. Tenants called city bylaw to inspect the property.
Need assistance from an expert?
Similar Cases
Click to switch between order outcomes
London & Middlesex Community Housing v Maitland
London landlord granted eviction order against tenant owing over $11,000 in unpaid rent.
Ottawa landlord awarded eviction and $6,096 in rent dispute with non-paying tenant.
Hides International Ltd v Henderson
Etobicoke landlord awarded over $12,800 in rent arrears and fees from tenants who failed to pay rent.
Windsor Essex Community Housing Corporation v Nukk
Windsor landlord awarded $6,619 in rent arrears, tenant evicted for non-payment.
London & Middlesex Community Housing v Maitland
London landlord granted eviction order against tenant owing over $11,000 in unpaid rent.
Ottawa landlord awarded eviction and $6,096 in rent dispute with non-paying tenant.
Hides International Ltd v Henderson
Etobicoke landlord awarded over $12,800 in rent arrears and fees from tenants who failed to pay rent.
Windsor Essex Community Housing Corporation v Nukk
Windsor landlord awarded $6,619 in rent arrears, tenant evicted for non-payment.
London & Middlesex Community Housing v Maitland
London landlord granted eviction order against tenant owing over $11,000 in unpaid rent.
Ottawa landlord awarded eviction and $6,096 in rent dispute with non-paying tenant.
Hides International Ltd v Henderson
Etobicoke landlord awarded over $12,800 in rent arrears and fees from tenants who failed to pay rent.
Windsor Essex Community Housing Corporation v Nukk
Windsor landlord awarded $6,619 in rent arrears, tenant evicted for non-payment.
London & Middlesex Community Housing v Maitland
London landlord granted eviction order against tenant owing over $11,000 in unpaid rent.
Ottawa landlord awarded eviction and $6,096 in rent dispute with non-paying tenant.
Hides International Ltd v Henderson
Etobicoke landlord awarded over $12,800 in rent arrears and fees from tenants who failed to pay rent.
Windsor Essex Community Housing Corporation v Nukk
Windsor landlord awarded $6,619 in rent arrears, tenant evicted for non-payment.
River Park Non Profit Housing v Vanveen
Landlord wins eviction case against subsidized tenant who failed to pay $18,257 in rent arrears.
Hazelview Properties v Depasquale
Burlington landlord awarded $14,115 in rent arrears, tenants ordered to make repayment plan to avoid eviction.
S******* 760-800 Laurier LP v Potts
Landlord awarded $15,914 in rent arrears from disabled tenant in Brockville, Ontario.
B***** Wang v J**** Vance A. Cromwell, Jessica Ann Walsh, Michelle Jennifer Hare Hare
Landlord awarded $35,000 in rent arrears, tenants evicted from Milton property for non-payment.
Latest Insights from Our Blog
Stay informed with expert analysis on rental law, tenant rights, and LTB decisions
Brampton LTB Paralegals for Landlords: How to Find the Right Legal Help (2026 Guide)
Need a landlord paralegal in Brampton? Learn what licensed paralegals do at the LTB, how they help with evictions and rent arrears, and meet Peel Region professionals ranked by real case records.
Brampton Tenant Paralegals: How to Find LTB Representation and Defend Your Rights (2026)
Facing eviction or landlord harassment in Brampton? Learn what tenant paralegals do at the LTB, when to hire one, and meet Peel Region advocates ranked by real tribunal records.
London, Ontario LTB Paralegals for Landlords: How to Find the Right Legal Help (2026 Guide)
Need a landlord paralegal in London, Ontario? Learn what licensed paralegals do at the LTB, how they help with evictions and rent arrears, and meet Southwestern Ontario professionals ranked by real case records.
Need Legal Help? We've Got You Covered
Whether you need to find qualified legal professionals or post your specific legal needs to get competitive quotes, our platform connects you with the right help.
Find Legal Professionals
Browse our directory of verified paralegals and lawyers specializing in Ontario rental law and LTB matters.
Browse ProfessionalsPost Your Legal Needs
Describe your legal situation and receive competitive quotes from qualified professionals in our marketplace.
Post a BountyJoin thousands of Ontarians who have found legal help through our platform