Last updated: September 12, 2024
Ordered by Kelly Delaney,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Previous Order
Upheld
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Citation: Starlight Canadian Residential Growth Fund III v Kelly, 2023 ONLTB 80146
File Number: LTB-L-025693-23-RV-2
Application Date
Aug 2023
Hearing Date
Nov 2023
Order Date
Dec 12, 2023
Tenancy End Date
Dec 2023
The request to review the order issued on August 29, 2023 is denied. The order is confirmed and remains unchanged. The interim order issued on October 10, 2023 is cancelled, and the stay of the August 29, 2023 order is lifted effective December 31, 2023 to afford the tenant the opportunity to find a new rental unit.
The landlord applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent. The application was resolved by an order issued on August 29, 2023 following an uncontested hearing. The tenant later requested a review of the order and a stay of the order until the review is resolved.
Landlord Representative submitted the Tenant's inability to participate was due to their own negligence, not the Landlord's fault, and that a person cannot render themselves immune to Board proceedings by not checking their mail.
Tenant Representative argued the Request for Review should be granted as the Tenant was not reasonably able to attend the previous hearing.
Tenant testified she never received the Notice of Hearing due to not having access to her mailbox since March 2023. She also testified that she had lost her mailbox key on several occasions and the new landlord charged $70 to replace it, which she did not pay as it was not a priority.
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Click to switch between order outcomes
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
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