Shathiyaseelaan v Gardner - LTB Ruling on Tenant Daughter Occupancy
LTB rules landlord breached tenant's rights by denying daughter's occupancy, tenancy continues with payment plan
Summarized by RentZenLast updated: October 13, 2024
Case Summary
78 Keywood St, Ajax, ON L1Z2E4
Dispute resolved in
agreement
Balance Owed to Landlord
$22,638
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2023
Hearing Date
Feb 2024
Order Date
Feb 23, 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $3,100 due on 1st of each month
- Tenant paid $6,077.10 since application filed
Arguments and Actions
Landlord
Arguments
Landlord argued eviction should proceed due to large arrears, despite some efforts to negotiate
Actions
Landlord refused to allow tenant's daughter to move in to help with rent and expenses, citing lack of trust in tenant.
Procedural Errors
Landlord did not properly serve N4 notice by email, as lease did not allow for email service
Tenant
Actions
Tenant stopped paying rent because her family pet needed $12,000 surgery. Tenant was looking for new accommodations due to N12 notice, not because she didn't want to preserve tenancy.
Decision Summary
The Landlord's request for an eviction order is refused. The Tenants owe the Landlord $22,637.90 which includes arrears of rent and the application fee. The Tenants must pay $250.00 on or before the 15th day of each month beginning March 15, 2024, until the arrears of rent is paid in full. If the Tenants fail to make a payment, the Landlord may commence an action to recover the balance owing at that time.
Reason for Eviction Relief
Landlord in serious breach of tenant's right to reasonable enjoyment by denying permission for tenant's daughter to move in
Adjudicator Details
LTB Member
Total Orders
534
Landlord Favorable
79.6%
Tenant Favorable
14.0%
Mutual Agreement
6.4%
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Financial Details
Lawful Rent
$3,100
Rent Arrears
$22,452
Application Fee
$186
Rent Deposit
$3,100
Deposit Interest
$93
Total Owing
$22,638 (Owed to Landlord)
Source
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