XXXX Cooperative Homes Inc. Co-op v XXXXXXXXXXXXX Co-op Member
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: XXXX Cooperative Homes Inc. Co-op v XXXXXXXXXXXXX Co-op Member, 2017 CanLII 146594 (ON LTB)
File Number: SOC-01353-17, SOC-01371-17
Timeline
Application Date
Jan 2017
Hearing Date
Sep 2017
Order Date
Dec 12, 2017
Tenancy End Date
Jan 2018
Decision
The LTB ordered that the Co-op Member's occupancy rights be terminated and that she must move out of the unit by January 31, 2018. If the unit is not vacated by that date, the Co-op may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. The Co-op Member was ordered to pay the outstanding housing charges, application filing costs, and damage costs, less the damage deposit.
Dispute
The Co-op applied to the LTB to end the occupancy and evict the Co-op Member due to failure to pay regular monthly housing charges, persistent late payment of housing charges, and causing undue damage to the unit. The Co-op also applied to end the occupancy and evict the Co-op Member due to her behavior substantially interfering with the reasonable enjoyment of the residential complex.
Determinations
- Co-op served valid N4C, N5C and NBC Notices
- Co-op Member did not void the Notices
- Co-op Member owed $61 in monthly housing charges and $190 in application filing costs
- Co-op Member has persistently paid housing charges late since May 2016
- Co-op incurred $3,767.21 in repair costs due to Co-op Member's negligence
- Co-op Member's behavior substantially interfered with other residents' enjoyment
Landlord's Arguments
Tenant's Arguments
Arguments
Co-op Member claimed she was allowed to pay late and has since arranged for direct payment by Ontario Works.
Actions and Evidence
Co-op Member's then-boyfriend left the tap on, causing water damage. Co-op Member denied it was her fault but agreed she should be liable for the repair cost.
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