Last updated: October 13, 2024
Ordered by Candace Aboussafy,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$27,566
to Landlord
Agree with the ruling?
Citation: Hu v Bahraman, 2024 ONLTB 8691
File Number: LTB-L-061044-23
Application Date (Estimate)
Jul 2023
Hearing Date
Jan 2024
Order Date
Feb 6, 2024
Tenancy End Date
Feb 2024
We estimate Application Date using rent arrears.
The tenancy is terminated unless the Tenant pays $27,566 by February 16, 2024 or $31,466 by February 29, 2024 to void the order. If the Tenant does not void the order, they must vacate the unit by February 29, 2024 and pay the Landlord $24,563.54 plus daily compensation.
The arrears are substantial and have continued to increase, despite the Tenant having no disruption in income. The Tenant is a single parent to two children. The eviction is being postponed to provide the Tenant with time to find new living arrangements.
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 N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Tenant is seeking to preserve the tenancy and testified that she can pay $5,060.00 towards the arrears, in addition to the full rent each month, until the arrears are paid off.
Tenant stopped paying rent as she believed she had an agreement with the Landlord not to commence legal proceedings if she paid the amount owing set out in the N4 Notice. However, when she paid that amount, a new month of rent had become due, so she did not void the notice and the Landlord subsequently filed the L1 application. The Tenant did not provide a reasonable explanation as to why she refused to make any further payments to the Landlord up to the date of the hearing.
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Lawful Rent
$3,900
Rent Arrears
$27,300
Application Fee
$186
Other Amount
$80
NSF charges
Ordered Amount
$27,566 (to Landlord)
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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