Last updated: October 13, 2024
Ordered by Mayra Sawicki,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$23,468
to Co-op
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Citation: Silver Wood Housing Co-operative Inc. v Carter, 2024 ONLTB 26854
File Number: LTB-C-012148-23
Application Date (Estimate)
Jul 2022
Hearing Date
Feb 2024
Order Date
Apr 19, 2024
Tenancy End Date
May 2024
We estimate Application Date using rent arrears.
The Co-op's application to terminate the occupancy and evict the Co-op Member is granted. The Co-op Member must vacate the unit by May 31, 2024. If the Co-op Member does not pay the full amount owing by April 23, 2024, they will start accruing interest at 7% annually on the outstanding balance. If the unit is not vacated by May 31, 2024, the Co-op may file the order with the Court Enforcement Office for enforcement.
Considering that this is a long-term occupancy, and the Co-op Member has five children, a delayed eviction order is reasonable so that the Co-op Member can find alternative housing.
The Co-op applied to terminate the occupancy and evict the Co-op Member due to substantial interference, wilful damage, impaired safety, and non-payment of rent. The Co-op Member caused extensive damage to the rental unit, including removing drywall, carpet, and other fixtures, which resulted in fire and electrical hazards. The Co-op Member also failed to pay regular monthly housing charges for over a year and a half.
The Co-op argued that the Co-op Member's actions seriously impaired the safety of other residents and that the Co-op does not have the financial means to repair the damage, which would require increasing housing charges for other members.
The Co-op conducted inspections and documented the extensive damage to the unit, including removal of drywall, carpet, and other fixtures, which resulted in fire and electrical hazards. The Co-op also obtained an estimate of $63,608.36 to repair the damage.
The Co-op Member argued that she should be allowed to make the necessary repairs to the unit, but the Co-op did not allow her to do so.
The Co-op Member intentionally removed the drywall, carpet, and other fixtures in the unit due to her son's medical condition, which caused damage and safety hazards.
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Lawful Rent
$1,290
Rent Arrears
$25,500
Application Fee
$201
Rent Deposit
$985
Damages
$63,608
Ordered Amount
$23,468 (to Co-op)
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