Last updated: October 13, 2024
Ordered by Robert Brown,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$8,123
to Landlord
Agree with the ruling?
Citation: Lazaruk v Skelton, 2024 ONLTB 8071
File Number: LTB-L-051465-23
Application Date (Estimate)
Dec 2023
Hearing Date
Jan 2024
Order Date
Feb 14, 2024
Tenancy End Date
Feb 2024
We estimate Application Date using rent arrears.
The Landlord's application is granted. The tenancy is terminated effective February 29, 2024. The Tenants must vacate the rental unit by this date. If they do not, the Landlord may file the order with the Sheriff to enforce the eviction. The Tenants owe the Landlord $8,123.16 less any payments already made, which includes rent arrears, city cleanup costs, and daily compensation for use of the unit. If the full amount is not paid by February 29, 2024, the Tenants will owe interest at 7% annually on the outstanding balance.
To provide the Tenants additional time to vacate the unit due to their mental health issues
Landlord applied for an order to terminate the tenancy and evict Tenants due to the Tenants substantially interfering with the reasonable enjoyment of the rental unit and complex. The Landlord served a valid N5 notice alleging the Tenants have kept the rental unit in an extremely high state of clutter, and despite the Landlord cleaning up the property multiple times, the Tenants continue to accumulate more junk and refuse.
Landlord made multiple attempts to clean up the property, incurring significant costs, but the Tenants continued to re-accumulate clutter. Landlord's mortgage broker refused to renew the mortgage due to the property condition.
Tenants argued their mental health issues, including depression and anxiety, contributed to the hoarding behavior, and requested the Landlord provide a monthly garbage bin to accommodate them.
Tenants have kept the rental unit in an extremely high state of clutter, and continue to accumulate more junk and refuse despite the Landlord's cleanup efforts. One Tenant physically threatened a contractor who tried to assess the property.
Tenants' refusal to allow contractors to access the property to clean, and deceptive behavior in hiding clutter from camera view
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Lawful Rent
$1,600
Rent Arrears
$3,000
Rent Deposit
$1,600
Deposit Interest
$61
Other Amount
$6,267
City cleanup costs
Ordered Amount
$8,123 (to Landlord)
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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