Last updated: November 3, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$186
to Landlord
Agree with the ruling?
Citation: Keswani v Agarwal, 2024 ONLTB 30115
File Number: LTB-L-052007-23
Application Date
Jun 2023
Hearing Date
Apr 2024
Order Date
Apr 25, 2024
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The ground for termination that was established does not warrant termination in the circumstances and so the tenancy will continue on condition that the Tenant complies with the terms of this order. The Tenant is ordered to provide proof of liability insurance by April 22, 2024 and pay the application fee of $186 by May 1, 2024. If the Tenant fails to comply, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
The only ground of termination established by the Landlord is the failure to have insurance coverage. The parties agree that the Tenant obtained coverage that expired on March 31, 2024. The Tenant will be ordered to obtain current coverage. The Landlord is not prejudiced by the denial of eviction because the only valid issue raised by the Landlord is being adequately addressed by this conditional order.
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Landlord argued that the Tenant is renting out the unit for short-term rentals without the Landlord's consent and that the Tenant's insurance does not cover the other occupants.
Landlord submitted photographs showing dirty carpet, bathroom, and vents in the rental unit.
Landlord sought to amend the N5 notice to add allegations that were not in the original notice, which is not permitted.
Tenant failed to provide proof of liability insurance until after the voiding period for the N5 notice.
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Application Fee
$186
Ordered Amount
$186 (to Landlord)
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