Last updated: July 22, 2024
Ordered by Sonia Anwar-Ali,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$6,816
to Landlord
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Citation: Retsinas v Wagner, 2022 CanLII 128617 (ON LTB)
File Number: SWL-57528-22-SA
Application Date (Estimate)
Sep 2021
Hearing Date
Feb 2022
Order Date
Feb 24, 2022
We estimate Application Date using rent arrears.
The Board denied the Tenants' motion to set aside the eviction order but delayed lifting the stay until March 31, 2022, considering the length of tenancy and family circumstances.
Landlord applied for termination of tenancy and eviction due to Tenants' failure to meet conditions specified in a previous order. Tenants filed a motion to set aside the eviction order. The Board denied the motion but delayed the lifting of the stay on the eviction order.
Landlord argued that the Tenants had no barrier to communication with the Landlord's representative and sought immediate lifting of the stay.
Landlord opposed the Tenants' motion, citing continued accumulation of arrears and prejudice caused.
Tenants argued that they breached the order due to an honest mistake and proposed a repayment plan to maintain their tenancy.
Tenants breached the previous order by underpaying $36.00 in August 2021. They stopped paying rent from September 2021 to February 2022 after receiving an N12 notice.
Tenants stopped paying rent after receiving N12 notice, accumulating significant arrears.
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Lawful Rent
$1,130
Rent Arrears
$6,816
Ordered Amount
$6,816 (to Landlord)
Click to switch between order outcomes
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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