Last updated: August 6, 2024
Ordered by André-Paul Baillargeon-Smith,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$2,487
to Landlord
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Citation: Sapkota v Kanagaraja, 2023 ONLTB 51947
File Number: LTB-L-057946-22
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Jul 21, 2023
Tenancy End Date
Sep 2023
The tenancy is terminated effective September 30, 2023. The Tenant must vacate the unit by this date. If the unit is not vacated by September 30, 2023, the Landlord may file the order with the Court Enforcement Office for enforcement starting October 1, 2023. The Tenant must pay the Landlord $2,497.34 less any amounts already paid, representing compensation for use and occupation of the unit from December 1, 2022 to April 18, 2023. The Tenant must also pay the Landlord $17.97 per day, less any amounts already paid, for use of the unit from April 19, 2023 until the Tenant vacates. The Landlord owes the Tenant $450.43 for the rent deposit and interest, which is deducted from the amount owed by the Tenant.
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
The Landlord submitted evidence of their current living condition in a single bedroom in a multi-family home, and testified that they would require the entire basement unit for themselves and their wife who is coming from India in October 2023.
The Tenant questioned why they were not given an opportunity to rent one of the 4 upstairs units when they became vacant, and still desired to live at the property either with the Landlord or in one of the upstairs units.
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Lawful Rent
$546
Rent Deposit
$440
Deposit Interest
$10
Other Amount
$2,497
Compensation for use and occupation of unit from Dec 1, 2022 to Apr 18, 2023
Ordered Amount
$2,487 (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.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
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