DD Acquisitions Partnership v O'brein - LTB Ruling on Tenant Eviction
Landlord successfully evicts tenant for non-payment, but occupant's eviction postponed due to family situation
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 15 Craigton Dr, Scarborough, ON M1L2N5
Decision in favor of
landlord
Balance Owed to Landlord
$2,890
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jul 2023
Tenancy End Date
Oct 2023
Hearing Date
Jan 2024
Order Date
Feb 22, 2024
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. Landlord also applied to terminate the tenancy due to Tenant giving invalid notice to terminate. The Tenant had moved an unauthorized occupant into the rental unit without the Landlord's knowledge or consent.
Determinations
- Ryan Townsend vacated and is removed as Tenant
- Occupant rented unit from Tenant's father, not a roommate
- Tenant lawfully terminated tenancy on 2023-10-31
- Tenant owes $4,045.92 in rent arrears
- Landlord entitled to $186 application fee reimbursement
- Tenant owed $27.37 in interest on rent deposit
- No deemed assignment of tenancy to Occupant
- Landlord entitled to evict Occupant, but eviction postponed to 2024-03-21
Arguments and Actions
Tenant
Actions
Tenant moved an unauthorized occupant into the rental unit without Landlord's knowledge or consent.
Procedural Errors
Tenant served invalid N9 notice to terminate tenancy
Decision Summary
Tenant's tenancy terminated as of October 31, 2023. Tenant owes $2,890.13 to Landlord. Occupant must vacate by March 21, 2024 or can be evicted by Sheriff.
Reason for Eviction Relief
Occupant is pregnant and has two young children, eviction postponed to March 21, 2024
Adjudicator Details
LTB Member
Total Orders
437
Landlord Favorable
96.1%
Tenant Favorable
2.5%
Mutual Agreement
1.4%
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Financial Details
Lawful Rent
$1,349
Rent Arrears
$4,046
Application Fee
$186
Rent Deposit
$1,314
Deposit Interest
$27
Total Owing
$2,890 (Owed to Landlord)
Source
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