Last updated: March 4, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$17,847
to Landlord
Agree with the ruling?
Citation: Lutheran Homes Kitchener-Waterloo a.k.a. Trinity Village Studios v Lipkowski, 2025 ONLTB 4223
File Number: LTB-L-028097-24
Application Date
Apr 2024
Hearing Date
Jan 2025
Order Date
Jan 16, 2025
Tenancy End Date
Jan 2025
The tenancy is terminated unless the tenant voids the order by paying $17,847 by January 27, 2025. If the tenant does not void the order, the tenant must move out by January 27, 2025 and pay the landlord $17,358.12 plus daily compensation of $20.02 per day starting January 7, 2025 until the tenant moves out. The tenant's request to raise section 82 issues was rejected as the submissions lacked supporting evidence.
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 Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears. The tenant was still in possession of the rental unit on the hearing date.
Landlord argued that tenant cannot raise same issues that were previously heard in another application, and that withholding rent is not a legal remedy.
Tenant attempted to raise section 82 issues regarding landlord's maintenance obligations and conduct of landlord's representative, but submissions were rejected for lack of supporting evidence.
Tenant stated he has not paid rent due to landlord's failure to address bedbug infestation in his unit.
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Lawful Rent
$609
Rent Arrears
$17,661
Application Fee
$186
Ordered Amount
$17,847 (to Landlord)
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