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Shamoon v Prior

Last updated: July 22, 2024

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Order

Ordered by Ian Speers,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: February 14, 2022
*** Lakeview Boulevard, Georgina, ON L4P2Y6
Contested Dispute

Decision in favor of

Landlord

Notices Sent

Non-payment of rent (L1)
ContentionModerate

Agree with the ruling?

Citation: Shamoon v Prior, 2022 CanLII 118689 (ON LTB)

File Number: TNL-33173-21

Timeline

Application Date

Apr 2021

6 months

Hearing Date

Oct 2021

5 months

Order Date

Feb 14, 2022

Decision

The Tenant shall pay $14,425.00 in rent arrears to the Landlord, Shameran Shamoon, and $201.00 for the cost of filing the application. If the Tenant does not pay the full amount by February 25, 2022, they will start to owe simple interest at 2.00% annually on the outstanding balance.

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Dispute

Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent, damage to the premises, and substantial interference. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.

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Determinations

  • Eviction cannot be granted pursuant to L1 Application
  • Landlord Shameran Shamoon sold property to Sakeena Ghulam Nabi and Marziye Gholami on October 31, 2021
  • Landlord did not advance L2 Application
  • Lawful monthly rent is $1,500.00
  • Rent arrears owed for period up to October 31, 2021 is $14,425.00
  • Tenant made $6,300.00 in payments since application was filed
  • Tenant was in possession on April 17, 2021 when application was filed
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Landlord's Arguments

Tenant's Arguments

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