Ibrahim v Targett
Last updated: September 12, 2024
Order
Ordered by Sheena Brar,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Ibrahim v Targett, 2023 ONLTB 61698
File Number: LTB-L-032574-23
Timeline
Application Date (Estimate)
Apr 2023
Hearing Date
Aug 2023
Order Date
Sep 12, 2023
Tenancy End Date
Nov 2023
We estimate Application Date using rent arrears.
Decision
The tenancy is terminated unless the Tenant pays $10,630 by October 31, 2023 or $12,255 by November 15, 2023 to void the order. If the Tenant does not void the order, they must vacate by November 15, 2023 and pay the Landlord $5,693.76 plus daily compensation.
Reason for Eviction Relief
To allow the Tenant more time to find alternative accommodation
Dispute
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.
Determinations
- Tenant is the sole occupant of the rental unit
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession at hearing date
- Lawful rent is $1,625 per month
- Tenant paid $3,956 since application filed
- Rent arrears to August 31, 2023 are $7,194
- Landlord incurred $186 in application filing fees
- Landlord holds $1,625 rent deposit plus $38.84 interest
Landlord's Arguments
Actions and Evidence
Landlord testified that he is struggling financially to pay his mortgage, and is agreeable to rent forgiveness if the Tenant vacates.
Tenant's Arguments
Actions and Evidence
Tenant testified that the ceiling broke in the unit, causing water damage and mold, but he does not want to live there anymore and is trying to find alternative accommodation.
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