Landlord Loses Compensation Claim in Markham Tenancy Dispute: Souza v Haile 2021
LTB overturns compensation order against tenant in Markham rental dispute
Summarized by RentZenLast updated: July 26, 2024
Case Summary
319 Delray Drive, Markham, ON L6E0P9
Decision in favor of
landlord
Balance Owed
$0
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2021
Hearing Date
Dec 2021
Order Date
Dec 17, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.
Determinations
- The Tenant made a choice not to attend the hearing on August 18, 2021.
- The Tenant paid all the rent that was due and the Landlord has no right to demand monies already paid.
- There is a serious error in the order, and the review will be granted, and the order will be varied by deleting the paragraphs setting out compensation for the use of the rental unit.
Case Study
The Tenant raised two issues in her request to review. First, that she was not reasonably able to participate in the proceedings, and second, that the order contained a serious error, because it ordered the Tenant to pay the Landlord $5,129.23, which represents compensation for the use of the unit from June 1, 2021 to September 30, 2021, the rent deposit and interest the Landlord owes on the rent deposit.
Arguments and Actions
Tenant
Arguments
The Tenant raised two issues in her request to review: first, that she was not reasonably able to participate in the proceedings, and second, that the order contained a serious error.
Actions
The Tenant informed the Landlord's legal representative that she would be vacating the rental unit on September 30, 2021 and that she would not be attending the hearing due to her family circumstances.
Decision Summary
The review will be granted, and the order will be varied by deleting the paragraphs setting out compensation for the use of the rental unit.
Adjudicator Details
LTB Member
Total Orders
228
Landlord Favorable
79.8%
Tenant Favorable
12.7%
Mutual Agreement
7.5%
Need assistance from an expert?
Sponsored
Financial Details
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.