Orlando v Filip
Last updated: November 14, 2024
Order
Ordered by Joy Xiao,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Citation: Orlando v Filip, 2024 ONLTB 47278
File Number: LTB-L-079032-23
Timeline
Application Date (Estimate)
Nov 2023
Hearing Date
Jun 2024
Order Date
Jul 15, 2024
Tenancy End Date
Jul 2024
We estimate Application Date using rent arrears.
Decision
Tenancy terminated unless Tenant voids order by paying $10,346.95 by July 27, 2024. If not voided, Tenant must pay $7,399.57 and vacate the unit. L2 application for substantial interference dismissed.
Dispute
Landlord applied for eviction based on non-payment of rent and allegations of substantial interference and safety impairment. Only the Landlord attended the hearing. The L1 application for non-payment of rent was partially successful, while the L2 application was dismissed due to insufficient notice details.
Determinations
- Tenant did not void N4 Notice
- Tenant still in possession of rental unit
- Lawful rent is $1,108.35
- Tenant paid $2,180.00 since application filed
- Rent arrears of $9,010.10 as of June 30, 2024
- N5 and N7 notices lack specific details
Landlord's Arguments
Actions and Evidence
Landlord filed L1 and L2 applications based on non-payment of rent and alleged substantial interference.
Procedural Errors
Insufficient details in N5 and N7 notices
Tenant's Arguments
Actions and Evidence
Tenant did not attend hearing, did not void N4 notice, and allegedly played loud music and smoked in the rental unit.
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