Last updated: January 12, 2025
Ordered by Alexandre Traboulsi,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$9,807
to Landlord
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Citation: Alagaratnam v McNeil, 2024 ONLTB 68723
File Number: LTB-L-085136-23
Application Date
Oct 2023
Hearing Date
Jun 2024
Order Date
Sep 12, 2024
Tenancy End Date
Dec 2024
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation. The tenancy is terminated, and the Tenant must move out by December 31, 2024. If the unit is not vacated by then, the Landlord may file the order with the Sheriff for enforcement. The Tenant shall pay the Landlord compensation of $62.07 per day for use of the unit from June 7, 2024 until the Tenant moves out. The Landlord owes the Tenant $1,886.07 for the rent deposit and interest.
To provide the Tenant additional time to search for alternate housing accommodations
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.
Landlord requires possession of the rental unit in good faith for their own residential occupation and they genuinely intend to reside in the unit for at least a year.
Landlord is 75 years old and their spouse is 73 years old. They currently reside in a multi-level 4-bedroom unit in Markham with their daughter and her family, which includes 3 young children. Landlord suffers from osteoarthritis and arthritis, making it difficult to go up and down stairs.
Tenant is seeking to delay the eviction by one year in order to put some funds aside and find suitable accommodations for themselves, their two children and their dog.
Tenant has been residing in the rental unit since 2013 and the location is convenient for their commute. Tenant has two adult children who also reside in the unit full-time.
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Lawful Rent
$1,888
Rent Deposit
$1,600
Deposit Interest
$286
Other Amount
$9,807
Daily compensation for use and occupation of rental unit from January 1, 2024 to June 6, 2024
Ordered Amount
$9,807 (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.
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