Zareski v. Umar: Tenant's Appeal Dismissed in Eviction Case
Divisional Court upholds LTB eviction order, dismissing tenant's appeal on grounds of persistent late rent and landlord's personal use
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$5,000
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2022
Order Date
Jan 19, 2022
Dispute Summary
Landlord applied to terminate tenancy due to persistent late payment of rent over 13 months and for personal use of the unit by the landlord's husband's parents. Tenant appealed the Landlord and Tenant Board's decision to terminate the tenancy.
Determinations
- No error of law in Board's decision
- Reasonable refusal of adjournment request
- No denial of procedural fairness
- Evidence supported persistent late rent payments
- Landlord showed good faith requirement for family use
Case Study
The Divisional Court found no error of law in the Board's decision. The Board reasonably refused to grant an adjournment and concluded that the tenant's separate application did not need to be heard concurrently. There was no denial of procedural fairness as the tenant was offered the opportunity to participate by phone, which was refused. The Board's decision to terminate the tenancy was based on evidence of persistent late rent payments and the landlord's good faith requirement of the unit for family use.
Arguments and Actions
Landlord
Arguments
Landlord argued against adjournment, citing potential prejudice and lack of overlap between applications.
Actions
Landlord provided evidence of persistent late rent payments and requirement of the unit for use by family members.
Tenant
Arguments
Tenant argued for an adjournment to have his separate application heard concurrently with the landlord's applications.
Actions
Tenant did not attend the original Board hearing, citing inability to get time off work. Tenant filed a separate application alleging harassment by the landlord in December 2020.
Procedural Errors
Tenant failed to provide documentary evidence to support claim of inability to attend hearing.
Aggravating Factors
Persistent late payment of rent over 13 months
Decision Summary
The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board's decision to terminate the tenancy. The Court found no error of law in the Board's decision. The eviction order was upheld but enforcement delayed until March 1, 2022, considering current rent status, presence of a young child, and public health circumstances.
Adjudicator Details
Superior Court of Justice
Total Orders
21
Landlord Favorable
71.4%
Tenant Favorable
28.6%
Mutual Agreement
0.0%
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Financial Details
Other Owed Amount
$5,000
Costs payable to respondent
Total Owing
$5,000 (Owed to Landlord)
Source
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