NORTH EDGE PROPERTIES LTD. v Tavanlar
Last updated: July 22, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$13,324
to Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: NORTH EDGE PROPERTIES LTD. v Tavanlar, 2023 ONLTB 26309
File Number: LTB-L-019379-22
Timeline
Hearing Date
Feb 2023
Order Date
May 26, 2023
Tenancy End Date
Jun 2023
Decision
The tenancy is terminated effective June 6, 2023, due to the Tenant's substantial interference with the Landlord's and other tenants' rights. The Tenant must pay $14,841.84 for use of the unit, plus $54.25 per day from February 22, 2023, until move-out, and $186.00 for application costs. The Landlord must return the rent deposit minus amounts owed.
Dispute
Landlord applied for termination of tenancy and eviction due to Tenant's substantial interference with reasonable enjoyment and lawful rights of Landlord and other tenants. Issues included unsanitary conditions, foul odors, and damage to property.
Determinations
- Landlord attempted to accommodate potential disabilities
- Landlord proved grounds for termination
- Tenant did not cooperate with accommodation efforts
- Tenant did not void N5 notice within 7 days
- Tenant's conduct caused substantial interference
- Termination necessary due to health and safety risks
Landlord's Arguments
Arguments
Landlord argued they met their duty to accommodate under the Human Rights Code, as Tenant did not cooperate or provide information about needed accommodations.
Actions and Evidence
Landlord attempted to work with Tenant, conducted inspections, made repairs, and sought assistance from police and mental health professionals.
Tenant's Arguments
Actions and Evidence
Tenant allowed used toilet paper and feces to accumulate on bathroom floor, causing leaks to unit below. Multiple boxes and bags of clothing throughout the unit were filled with human waste and used toilet paper.
Considerations
Continued unsanitary conditions and failure to address issues despite multiple attempts by Landlord
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Financial Details
Lawful Rent
$1,650
Application Fee
$186
Rent Deposit
$1,650
Deposit Interest
$53
Other Amount
$14,842
Compensation for use of unit from April 23, 2022 to February 21, 2023
Ordered Amount
$13,324 (to Landlord)
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