Last updated: September 12, 2024
Ordered by Mark Melchers,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Dispute resolved in
Agreement
Ordered Amount
$9,684
to Landlord
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Citation: Sanmugalingam v Byrd, 2023 ONLTB 65517
File Number: LTB-L-056693-22
Application Date
Dec 2022
Hearing Date
Sep 2023
Order Date
Oct 10, 2023
The Landlord's application for eviction is denied on the condition that the Tenant pays the rent arrears of $9,684 through a payment plan over 12 months. If the Tenant fails to make any of the required payments, the Landlord may apply to terminate the tenancy.
Tenant provided reasonable payment plan and demonstrated ability to comply
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and persistent late payment of rent. The Landlord served valid N4 and N8 notices, but the Tenant did not void the N4 notice by paying the rent arrears.
Landlord sought order terminating tenancy and evicting Tenant for non-payment of rent and persistent late payment.
Landlord's representative said no outstanding issues with rental unit, and Tenant could have contacted representative if unable to reach Landlord.
Tenant argued Landlord in serious breach of obligations under Act or lease, so eviction should be refused under s. 83(3)(a).
Tenant said heat not working all winter, stove not working for 9 months, outlet in kitchen not working, and back doors broken. Tenant said he complained to Landlord but got no response.
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Lawful Rent
$842
Rent Arrears
$9,498
Application Fee
$186
Rent Deposit
$804
Ordered Amount
$9,684 (to Landlord)
Click to switch between order outcomes
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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.
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