Last updated: July 22, 2024
Ordered by Emile Ramlochan,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$13,812
to Landlord
Agree with the ruling?
Citation: Issa v Jenkins, 2022 ONLTB 2539
File Number: LTB-L-001933-22
Application Date (Estimate)
Nov 2021
Hearing Date
Jul 2022
Order Date
Aug 2, 2022
We estimate Application Date using rent arrears.
The Landlord's application for eviction is denied. The Tenant is ordered to pay $13,812.00 in arrears and costs. A payment plan is established, requiring the Tenant to pay $500 monthly from September 15, 2022, to December 15, 2024, with a final payment of $126 on January 15, 2025. The Tenant must also pay regular monthly rent. If the Tenant defaults, the Landlord may reapply for eviction within 30 days of the breach.
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant explained financial hardship due to alleged noise disruptions by the Landlord affecting his work-from-home profession. The Landlord's application for eviction was denied, subject to conditions for rent arrears payment.
Landlord did not attend the hearing to provide evidence or contest the Tenant's testimony.
The Tenant argued that COVID-19 related public health restrictions and lockdowns prevented him from moving out despite wanting to do so due to the adverse impact on his work and quality of life.
Tenant explained he is a personal development coach and author who works from the rental unit. He testified that he fell into financial hardship due to the Landlord's alleged noise-making behavior disrupting his work.
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Lawful Rent
$1,518
Rent Arrears
$13,626
Application Fee
$186
Rent Deposit
$1,500
Ordered Amount
$13,812 (to Landlord)
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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