Last updated: October 13, 2024
Ordered by Mark Melchers,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Previous Order
Overturned
Agree with the ruling?
Citation: Estifanos v Harrison, 2024 ONLTB 16353
File Number: LTB-L-073900-22-RV
Application Date
Dec 2022
Hearing Date
Jan 2024
Order Date
Mar 8, 2024
The Landlord proved the Tenant substantially interfered with another tenant's reasonable enjoyment, but relief from eviction is granted subject to conditions. The Tenant must not engage in or permit excessive noise for 12 months. If the Tenant fails to comply, the Landlord can apply to terminate the tenancy without notice.
It would not be unfair to grant relief from eviction subject to conditions
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment of the rental unit by another tenant in the building. The Landlord served a valid N5 notice alleging excessive noise from the Tenant's unit on 22 specific dates. The Tenant denied the allegations and claimed the complaints were fabricated.
Tenant argued application was retaliatory for speaking with building inspector.
Tenant denied allegations, claimed complaints were fabricated. Tenant said he was at work during many of the alleged noise incidents.
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Application Fee
$186
Ordered Amount
$186 (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.
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