Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$26,606
to Landlord
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Citation: Altuna Porras v Avilla, 2024 ONLTB 89255
File Number: LTB-L-087259-23
Application Date
Dec 2023
Hearing Date
Sep 2024
Order Date
Nov 29, 2024
Tenancy End Date
Dec 2024
The tenancy is terminated unless the Tenant voids the order by paying $35,199 by November 30, 2024 or $37,556 by December 10, 2024. If the Tenant does not void the order, the Tenant must pay $26,605.63 to the Landlords and vacate the unit by December 10, 2024.
Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. Veronica Avilla had vacated the rental unit on or about June 2023, prior to the hearing date.
Landlords denied receiving any cash rent payments from the Tenant. Veronica Avilla testified the Tenant had texted her prior to the proceeding, attempting to persuade her to testify that he had paid rent in cash after August 2023.
Tenant argued the Landlords were in serious breach of their obligations such that eviction must be denied under s. 83(3)(a) of the Residential Tenancies Act, 2006 due to ongoing issues with a water leak and mold.
Tenant, Samuel Hodgins, alleged he made at least 4 months' worth of rent payments to the Landlords via cash, which the Landlords denied.
Tenant failed to provide written notice of their section 82 issues and materials 7 days in advance of the hearing as required by the LTB's Rules.
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Lawful Rent
$2,357
Rent Arrears
$30,299
Application Fee
$186
Rent Deposit
$2,357
Deposit Interest
$95
Ordered Amount
$26,606 (to Landlord)
Click to switch between order outcomes
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Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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