Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 6988.189, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
-
Agree with the ruling?
Application Date
Dec 2022
Hearing Date
May 2024
Order Date
Sep 5, 2024
The application is dismissed. The Landlord shall pay the Tenant $200.00 in costs by September 15, 2024. If the Landlord does not pay the Tenant the full amount owing by September 15, 2024, the Landlord will owe interest at 7.00% annually on the balance outstanding.
Tenant voided N5 notice by stopping conduct within 7 days, and behaviors were due to medical conditions, not willful or negligent acts
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant, and the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has wilfully or negligently caused damage to the premises. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date, and for the Landlord's reasonable out-of-pocket costs to repair or replace undue damage to property.
Landlord argued they are not a care home, therefore they cannot file an L7 Application.
Landlord proceeded with the L2 application despite the interim order confirming they are a care home, when they acknowledged an L7 would be the appropriate application.
Tenant argued this application should have been brought as an L7 Application to Transfer a Care Home Tenant because the Tenant requires more care than the care home provides, and that the use of the N5 notice was prima facie discriminatory as the allegations arise from the Tenant's need for care services.
Tenant urinated on bathroom floor, spat tobacco juice on bathroom floor and bed, and entered washroom while in use by female tenant despite being advised.
Need assistance from an expert?
Sponsored
Damages
$6,328
Click to switch between order outcomes
Aurora tenants face eviction for $31,733.09 in rent arrears, landlord granted possession due to non-payment.
Landlords granted eviction order against Tenants and Unauthorized Occupants in Sunderland rental dispute.
LTB upholds eviction order against tenant who persistently paid rent late, denies tenant's request to review.
LTB upholds eviction of Toronto tenant for alleged illegal drug activity in rental unit.
Aurora tenants face eviction for $31,733.09 in rent arrears, landlord granted possession due to non-payment.
Landlords granted eviction order against Tenants and Unauthorized Occupants in Sunderland rental dispute.
LTB upholds eviction order against tenant who persistently paid rent late, denies tenant's request to review.
LTB upholds eviction of Toronto tenant for alleged illegal drug activity in rental unit.
Aurora tenants face eviction for $31,733.09 in rent arrears, landlord granted possession due to non-payment.
Landlords granted eviction order against Tenants and Unauthorized Occupants in Sunderland rental dispute.
LTB upholds eviction order against tenant who persistently paid rent late, denies tenant's request to review.
LTB upholds eviction of Toronto tenant for alleged illegal drug activity in rental unit.
Aurora tenants face eviction for $31,733.09 in rent arrears, landlord granted possession due to non-payment.
Landlords granted eviction order against Tenants and Unauthorized Occupants in Sunderland rental dispute.
LTB upholds eviction order against tenant who persistently paid rent late, denies tenant's request to review.
LTB upholds eviction of Toronto tenant for alleged illegal drug activity in rental unit.
Toronto landlords awarded $20,918 in compensation from unauthorized occupants who refused to leave rental property.
Landlord wins termination case against St. Catharines tenant who claimed he didn't understand N11 agreement.
Landlord granted possession of Thornhill rental unit for personal use, tenant given 6 months to vacate.
Landlord wins eviction of tenant who threatened property manager in North York rental dispute.
