Last updated: September 12, 2024
Ordered by John Cashmore,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$4,205
to Landlord
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Citation: Marie Dioso v Matan Hershkowitz, 2023 ONLTB 45850
File Number: LTB-L-020839-23
Application Date
Mar 2023
Hearing Date
Jun 2023
Order Date
Jun 23, 2023
Tenancy End Date
Jul 2023
The tenancy is terminated effective July 4, 2023 unless the Tenant pays $6,686 by June 30, 2023 or $8,286 by July 4, 2023 to void the order. If the Tenant does not pay, they must vacate by July 4, 2023 and pay the Landlords $4,205.41 in rent arrears and filing fees, plus $52.60 per day in compensation from June 15, 2023 until move-out. The Tenant must also pay $100 for the cost to repair damages.
Landlords applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent, substantial interference, and damages to the rental unit. The Landlords served the Tenant with a valid N4 notice for non-payment of rent and an N5 notice for substantial interference. The Tenant did not void the notices by paying the arrears or correcting the issues.
Landlords testified they had given the Tenant reminders each month of the rent arrears and discussed a payment agreement, but nothing materialized.
The N5 notice served on the Tenant did not contain the times the alleged conduct occurred, which the Board found did not provide the Tenant sufficient details as required by the Act.
Tenant requested a payment plan, but the Board found this was not realistic given the Tenant's current income.
Tenant testified he was previously evicted and had been staying in hotels, but the rental unit was over his budget.
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Lawful Rent
$1,600
Rent Arrears
$6,500
Application Fee
$186
Rent Deposit
$1,600
Deposit Interest
$17
Damages
$100
Ordered Amount
$4,205 (to Landlord)
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
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Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
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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.
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.
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