Last updated: September 12, 2024
Ordered by Colin Elsby,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$18,419
to Landlord
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Citation: Cutler v Martinson, 2023 ONLTB 70626
File Number: LTB-L-068437-22
Application Date
Dec 2022
Hearing Date
Aug 2023
Order Date
Nov 2, 2023
Tenancy End Date
Nov 2023
The tenancy is terminated unless the Tenant pays $18,418.55 to void the order by November 13, 2023. If the Tenant does not void the order, the Tenant must pay $14,618.10 to the Landlord and vacate the unit by November 13, 2023. The Tenant will also owe daily compensation of $24.33 per day starting August 30, 2023 until the unit is vacated.
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 at the time of the hearing.
Landlord testified that she attempted to rectify the issues raised by the Tenant, including replacing windows, sealing doors, and addressing mold.
Tenant sought relief from eviction under sections 83(3)(a) and 83(1) of the Act.
Tenant claims there were ongoing maintenance issues, including mold and temperature problems, and he withheld rent as a result.
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Lawful Rent
$740
Rent Arrears
$16,012
Application Fee
$186
Rent Deposit
$714
Deposit Interest
$22
Ordered Amount
$18,419 (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.
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.
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