Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Neither
Previous Order
Overturned
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Citation: Mahmood v Riutta, 2024 ONLTB 62844
File Number: LTB-L-072858-22-RV
Application Date
Dec 2022
Order Date
Sep 3, 2024
Hearing Date
Dec 2024
The Hearing Order is cancelled. The LTB is prohibited by section 84.2 of the Bankruptcy and Insolvency Act from terminating the tenancy and evicting the Tenants based on rent owed when the bankruptcy started. The LTB can, however, make an order requiring the Tenants to pay any rent or utilities that became owed after the bankruptcy started.
Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and utilities. The application was filed after serving valid N4 and N5 notices, which the tenants did not void by paying the arrears. Mr. Riutta vacated the unit in July 2022 and Ms Riutta became bankrupt on March 21, 2023 and vacated the unit on October 4, 2023.
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Rent Arrears
$15,750
Other Amount
$1,348
utilities
Ordered Amount
$17,098 (to Landlords)
Click to switch between order outcomes
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