Landlord and Tenant Dispute: Khalili v Rodlier 2023
Landlord wins rent arrears, tenant wins harassment claim in Vanier rental dispute
Summarized by RentZenLast updated: September 12, 2024
Case Summary
209 Montfort St, Vanier, ON K1L5P3
Dispute resolved in
agreement
Previous Order
Overturned
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Feb 2022
Tenancy End Date
Jun 2022
Hearing Date
Jan 2023
Order Date
Nov 28, 2023
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
The landlord applied to terminate the tenancy and evict the tenant due to non-payment of rent. The tenant requested a review of the order, citing inability to participate in the initial hearing and serious errors in the order. The tenant also filed a separate application alleging substantial interference and harassment by the landlord.
Determinations
- Tenancy terminated on June 4, 2022
- Rent was $1,500 per month, not $1,850
- Tenant did not void N4 notice by paying arrears
- Tenant vacated unit on June 4, 2022
- Landlord intended to move in but found issues with property
- Landlord's email to tenant threatening police was harassment
Case Study
The tenant's request for review was granted as the tenancy terminated on June 4, 2022, not June 30, 2022 as determined in the previous order. The tenant disputed the rent amount, and the landlord agreed the rent was $1,500 per month. The tenant's section 82 issues were dismissed. The landlord's application for arrears was amended accordingly. The tenant's application alleging substantial interference was dismissed, but the landlord was found to have harassed the tenant through a threatening email, though no remedy was awarded.
Arguments and Actions
Landlord
Arguments
Landlord disputes the tenant's requested remedies, arguing they are not justified as the landlord's actions were not intentional, and the tenant did not pay rent.
Actions
Landlord served N12 notice for personal use, but after tenant vacated, found issues with the property like mold and smoke smell that made it uninhabitable. Landlord decided to demolish the house and build a duplex instead.
Tenant
Arguments
Tenant disputes the rent amount and claims he should not have to pay the landlord's application filing fee.
Actions
Tenant vacated the rental unit on June 4, 2022 with the landlord's consent, but the previous order had arrears to June 30, 2022. Tenant disputes the rent amount of $1,850 per month and claims it should be $1,500.
Decision Summary
The tenancy was terminated effective June 4, 2022, the date the tenant vacated the rental unit. The tenant is ordered to pay the landlord $4,875.64, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest. The tenant's application alleging substantial interference was dismissed, but the landlord was found to have harassed the tenant through a threatening email, though no remedy was awarded.
Adjudicator Details
LTB Member
Total Orders
687
Landlord Favorable
85.4%
Tenant Favorable
10.6%
Mutual Agreement
3.9%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,500
Rent Arrears
$6,383
Application Fee
$186
Rent Deposit
$1,500
Deposit Interest
$8
Total Owing
$4,876 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.