Sanati v Toffoletto
Last updated: September 12, 2024
Order
Ordered by Susan Priest,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
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Citation: Sanati v Toffoletto, 2024 ONLTB 34031
File Number: LTB-L-063033-23-RV
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
May 14, 2024
Tenancy End Date
May 2024
Decision
The tenancy is terminated unless the Tenant pays $21,636 to void the order by May 31, 2024. If the Tenant does not void the order, they must vacate the unit by May 31, 2024 and pay the Landlord $17,979.87, plus daily compensation of $54.25 from April 26, 2024 until the move-out date.
Reason for Eviction Relief
Considering the Tenant's health issues and lack of income, the eviction was postponed until May 31, 2024.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant requested a review of the previous order, alleging they were not reasonably able to participate at the hearing as they did not receive the notice of hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,650 per month
- Tenant has not made any payments since application filed
- Rent arrears owing to April 30, 2024 are $19,800
- Landlord incurred $186 in application filing fees
- Landlord holds $1,650 rent deposit and owes $62.38 in interest
- Tenant not permitted to raise issues under section 82 due to lack of disclosure
- Tenant has no income and cannot pay arrears or ongoing rent
Landlord's Arguments
Arguments
Landlord's representative submitted that the Landlord is seeking a standard eviction order, as the rent arrears are substantial and the Tenant currently has no income to pay the arrears or ongoing rent.
Tenant's Arguments
Actions and Evidence
Tenant testified they do not currently have any income as they are not working and cannot offer a repayment plan for the rent arrears. Tenant also testified they have been in and out of the hospital with numerous health issues.
Procedural Errors
Tenant did not provide disclosure of the issues and evidence they wanted to raise under section 82 at least seven days prior to the hearing as required.
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Financial Details
Lawful Rent
$1,650
Rent Arrears
$19,800
Application Fee
$186
Rent Deposit
$1,650
Deposit Interest
$62
Ordered Amount
$21,636 (to Landlord)
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