St. Marks (Don Mills) Non-Profit Housing v Gaskin - 2024 LTB Ruling
Landlord granted eviction order against non-profit housing tenant for non-payment of $6649 in rent arrears
Summarized by RentZenLast updated: October 13, 2024
Case Summary
308 The Donway E, Toronto, ON M3C3P8
Decision in favor of
landlord
Balance Owed to Landlord
$6,649
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jan 2024
Order Date
Mar 4, 2024
Tenancy End Date
Aug 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $189 due on 1st of each month
- Tenant paid $2,624.75 since application filed
- Rent arrears owing to hearing date are $5,140.07
- Landlord incurred $186 in application filing fees
Case Study
The Tenant raised s. 82 issues, claiming the Landlord breached s. 22 of the Residential Tenancies Act by substantially interfering with the Tenant's reasonable enjoyment of the rental unit due to second-hand smoke, harassment, and failure to enforce the non-smoking policy. However, the Tribunal found that most of the Tenant's issues were statute-barred as they were not brought within one year, and the remaining issue of odors from the laundry room was not a true issue. The Tribunal also found that the Landlord made reasonable efforts to accommodate the Tenant's concerns.
Arguments and Actions
Landlord
Arguments
The Landlord argued that most of the Tenant's s. 82 issues were statute-barred and the remaining issue of odors from the laundry room was not a true issue.
Actions
The Landlord testified that they made efforts to accommodate the Tenant's concerns, such as telling people not to smoke in units, buying commercial laundry machines, and installing an air purifier in the Tenant's unit.
Tenant
Arguments
The Tenant argued the Landlord breached s. 22 of the Residential Tenancies Act by substantially interfering with her reasonable enjoyment of the rental unit.
Actions
The Tenant claimed there was second-hand smoke from marijuana smoking, harassment from someone named Randy, and issues with the laundry room that made her sick. She also claimed the Landlord did not take action due to fear of the people with guns.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenant for non-payment of rent is granted. The Tenant may void the order by paying $6,649.07 on or before August 31, 2024. If the Tenant does not void the order, the Tenant must vacate the unit by August 31, 2024 and pay the Landlord $4,290.03, plus daily compensation of $6.21 per day from January 16, 2024 until the Tenant vacates.
Reason for Eviction Relief
The Tribunal found it fair to grant the Tenant 5 months to move out, as the Landlord made reasonable efforts to accommodate the Tenant's concerns.
Adjudicator Details
LTB Member
Total Orders
108
Landlord Favorable
82.4%
Tenant Favorable
13.0%
Mutual Agreement
4.6%
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Financial Details
Lawful Rent
$189
Rent Arrears
$9,088
Application Fee
$186
Rent Deposit
$939
Deposit Interest
$1
Total Owing
$6,649 (Owed to Landlord)
Source
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