Last updated: October 13, 2024
Ordered by Ender Joseph,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
Agree with the ruling?
Citation: Lorusso v Wilkinson, 2024 ONLTB 60404
File Number: LTB-L-076942-23
Application Date
Dec 2023
Hearing Date
May 2024
Order Date
Aug 19, 2024
Tenancy End Date
Oct 2024
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The tenancy is terminated and the Tenant must vacate the unit by October 31, 2024. However, the Board has granted relief from eviction until October 31, 2024 to give the Tenants additional time to find housing.
to give the Tenants additional time to find housing
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation by the Landlord's son for at least one year.
Landlord argued that the Board cannot prohibit him from ever applying for an L2 application for the purposes contained in the N12 notice, even though a previous decision was overturned on review.
Landlord testified that the basement unit where his son currently lives is prone to flooding and has inadequate safety standards, and that his son's mental health has suffered from living in the basement.
Tenant's representative argued that the hearing should not proceed due to the doctrine of res judicata, as a previous judgement was already made on the same issue.
Tenant testified that in fall 2021, the Landlord approached them and asked the Tenant to pay extra for utilities. Tenant also provided text messages and recorded conversations showing the Landlord attempting to negotiate a rent increase and threatening to have his son move in if the Tenant did not agree.
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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.
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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.
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.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
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