Shum v Nambakhsh
Last updated: July 22, 2024
Order
Ordered by Richard Ferriss,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-$769
to Tenant
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Shum v Nambakhsh, 2022 CanLII 138725
File Number: LTB-L-001791-21
Timeline
Application Date
Dec 2021
Hearing Date
Jun 2022
Order Date
Jun 13, 2022
Tenancy End Date
Jun 2022
Decision
The tenancy is terminated effective June 24, 2022. The Tenant must pay the Landlord $705.05 for compensation from June 1 to June 13, 2022, and $186.00 for the application fee. The Landlord must pay the Tenant $1,650.00 for the rent deposit and $10.58 for interest on the deposit. The Landlord owes the Tenant a net amount of $769.33 as of the date of the order.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant because the Tenant or another occupant of the rental unit has committed an illegal act or has carried out, or permitted someone to carry out an illegal trade, business or occupation in the rental unit or the residential complex.
Determinations
- Landlord and ES found a person using the rental unit as a short-term rental on November 28, 2021
- Landlord gave Tenant an N6 notice of termination on December 13, 2021, deemed served on December 18, 2021
- Landlord is entitled to compensation for the period June 1, 2022 to June 13, 2022
- Landlord is entitled to reimbursement of $186.00 for filing the application
- Landlord is holding a rent deposit of $1,650.00 and has not paid interest on the deposit
- Landlord owes Tenant $769.33 as of the date of the order
- SS's testimony corroborated the testimony of the Landlord and ES regarding the short-term rental incidents
- Tenant has paid compensation for use of the rental unit up to May 31, 2022
- Tenant was in possession of the rental unit on the date the application was filed
- Termination of the tenancy is warranted as the illegal act has the potential to affect the character of the residential complex
- Use of the rental unit as a short-term rental is an illegal act contrary to Toronto Municipal Code Chapter 547
Landlord's Arguments
Tenant's Arguments
Arguments
Tenant claimed that the Landlord was conspiring with other individuals to evict him from the rental unit so that the unit could be used for short-term rentals, and that he was paying a low rent and the Landlord was trying to evict him so she could make more money.
Actions and Evidence
Tenant denied using the rental unit for short-term rentals and alleged that the Landlord staged the incident on November 28, 2021.
Need assistance from an expert?
Financial Details
Lawful Rent
$1,650
Application Fee
$186
Rent Deposit
$1,650
Deposit Interest
$11
Ordered Amount
-$769 (to Tenant)
Similar Cases
Click to switch between order outcomes
Dunsmure Developments Ltd. v Kearnes, Geroux
Landlord wins case to terminate tenancy of superintendent's premises in Hamilton after employment ends, with 1-month delay for tenant.
Landlord awarded eviction and over $4,800 in arrears after tenant fails to pay rent as ordered by LTB.
Chen and Wang v Lopez
Toronto landlords win eviction case against tenant owing $25,333 in rent arrears.
Mclean v Latchford
Brighton tenants face eviction for non-payment and interference, owe $6,194 to landlord.
Dunsmure Developments Ltd. v Kearnes, Geroux
Landlord wins case to terminate tenancy of superintendent's premises in Hamilton after employment ends, with 1-month delay for tenant.
Landlord awarded eviction and over $4,800 in arrears after tenant fails to pay rent as ordered by LTB.
Chen and Wang v Lopez
Toronto landlords win eviction case against tenant owing $25,333 in rent arrears.
Mclean v Latchford
Brighton tenants face eviction for non-payment and interference, owe $6,194 to landlord.
Dunsmure Developments Ltd. v Kearnes, Geroux
Landlord wins case to terminate tenancy of superintendent's premises in Hamilton after employment ends, with 1-month delay for tenant.
Landlord awarded eviction and over $4,800 in arrears after tenant fails to pay rent as ordered by LTB.
Chen and Wang v Lopez
Toronto landlords win eviction case against tenant owing $25,333 in rent arrears.
Mclean v Latchford
Brighton tenants face eviction for non-payment and interference, owe $6,194 to landlord.
Dunsmure Developments Ltd. v Kearnes, Geroux
Landlord wins case to terminate tenancy of superintendent's premises in Hamilton after employment ends, with 1-month delay for tenant.
Landlord awarded eviction and over $4,800 in arrears after tenant fails to pay rent as ordered by LTB.
Chen and Wang v Lopez
Toronto landlords win eviction case against tenant owing $25,333 in rent arrears.
Mclean v Latchford
Brighton tenants face eviction for non-payment and interference, owe $6,194 to landlord.
Landlord and tenant reach consent order for $7,668.48 in rent arrears in Hamilton case.
Brampton tenants face eviction for non-payment of $39,000 in rent.
Kirkland Lake tenant faces eviction for non-payment of rent, owes $4,089.41 to landlord.
Cornwall tenant faces eviction for non-payment of $5,470 in rent, granted postponement to pursue additional benefits.
Latest Insights from Our Blog
Stay informed with expert analysis on rental law, tenant rights, and LTB decisions
When Payment Plans Fail: Understanding Breach of Conditional Orders and Second Chances at the LTB
Exploring what happens when tenants default on LTB-ordered payment plans, the strict consequences of breaching conditional orders, and the rare circumstances where further relief might be granted in Ontario.
When Rent Is Not Paid: What Landlords and Tenants Need to Know in Ontario
A comprehensive guide to understanding the legal process, rights, and remedies when rent payments fall behind in Ontario's rental market.
When Landlords Cry Wolf: Analyzing False Claims and Bad Faith Applications at the LTB
A comprehensive analysis of dismissed landlord applications, bad faith eviction attempts, and frivolous claims reveals the consequences when property owners abuse the LTB system.
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