Last updated: August 16, 2024
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Citation: Arora v Wieleba, 2016 CanLII 37551 (ON SCSM)
File Number: 2047/15
Application Date (Estimate)
Nov 2015
Hearing Date
May 2016
Order Date
May 26, 2016
We estimate Application Date using rent arrears.
The landlord's claim for unpaid rent was dismissed due to failure to comply with section 12(2) of the Residential Tenancies Act, which requires providing a signed copy of the lease to the tenant. This failure triggered section 12(4), suspending the tenant's obligation to pay rent. The court awarded costs of $700 to the tenant.
Landlord sued former tenant for seven months of unpaid rent totaling $4,375. Tenant denied liability, claiming she signed the lease under duress, that section 12(4) of the Residential Tenancies Act, 2006 provided a complete defense, and that the landlord failed to mitigate damages.
Landlord argued that the tenant was liable for the remaining 8 months of rent after the sub-tenant left, less one month's rent paid as last month's rent.
Landlord prepared a lease for 12 months at $625 monthly rent per person for four people. Landlord declined tenant's request to release her from the lease. Landlord accepted rent from sub-tenant for September through December 2014.
Landlord failed to provide tenant with a signed copy of the lease as required by section 12(2) of the Residential Tenancies Act.
Tenant argued that she signed the lease under duress, that section 12(4) of the Residential Tenancies Act provided a complete defense, and that the landlord failed to mitigate damages.
Tenant gave notice by email on August 8, 2014 that her plans had changed and she did not intend to take possession. Tenant found a sub-tenant to take her place for September through December 2014. Tenant offered $550 to settle the rent for January 2015.
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Lawful Rent
$625
Rent Arrears
$4,375
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.
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.
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.
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