Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$16,557
to Landlord
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Citation: Camsta (No.1) Limited Partnership c/o DMS Property Management Ltd. v Gallerno, 2024 ONLTB 12954
File Number: LTB-L-014650-23
Application Date
Jan 2023
Hearing Date
Feb 2024
Order Date
Feb 16, 2024
The Landlord's application is denied as the Landlord is in serious breach of their maintenance obligations under the Residential Tenancies Act. The Tenant is ordered to pay the rent arrears of $16,557.36 by April 30, 2024, and the Landlord is ordered to complete necessary repairs by March 31, 2024. If the Tenant fails to pay the arrears by the due date, they will owe interest at 7% annually on the outstanding balance.
Landlord in serious breach of maintenance obligations
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.
Landlord Representative argued Tenant failed to pay rent and intended not to, and sought conditional order for Tenant to pay rent going forward.
Landlord Representative claimed Landlord was unaware of issues until September 2023, and provided receipts for repairs done in 2023.
Tenant argued Landlord is in serious breach of maintenance obligations under the Act, and sought order for Landlord to complete repairs.
Tenant testified about issues with ceiling, bathroom, and mold since 2019, and that Landlord failed to address them despite multiple letters.
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Lawful Rent
$863
Rent Arrears
$16,371
Application Fee
$186
Rent Deposit
$861
Deposit Interest
$24
Ordered Amount
$16,557 (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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