Last updated: September 12, 2024
Ordered by Angela Long,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$20,097
to Landlord
Agree with the ruling?
Citation: Vyacheslav v Samiee, 2023 ONLTB 79383
File Number: LTB-L-000055-23
Application Date
Jan 2023
Hearing Date
Nov 2023
Order Date
Dec 13, 2023
Tenancy End Date
Feb 2024
The tenancy is terminated unless the Tenant pays the full arrears of $21,816 by December 31, 2023, $23,361 by January 31, 2024, or $24,906 by February 29, 2024. If the Tenant does not void the order, the Tenant must vacate the unit by February 29, 2024 and pay the Landlord $20,097.33 in arrears and compensation.
The Tribunal found that a delay in eviction until February 29, 2024 would not be unfair to the Landlord, as it would allow the Tenant time to find new accommodations.
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, which the Tenant did not void by paying the arrears.
The Landlord sought a standard eviction order.
The Landlord testified about his circumstances, stating that the Tenant's arrears have placed a large financial burden on him and his family, and that he and his wife are the breadwinners for their family of 5, which includes their daughter and elderly parents. He also stated that he has had to take out a loan to cover the costs of the rental property and that his family is now struggling financially.
The Landlord testified that the Tenant's arrears have placed a large financial burden on him and his family, and that he has had to take out a loan to cover the costs of the rental property. The Landlord also stated that the situation has caused him a lot of stress, leading to health issues.
The Tenant requested a payment plan where she could pay $100 per month towards the arrears and relief to pay only part of her rent each month. In the alternative, she asked for a delay in eviction until the end of June 2024 when her daughter finishes school.
The Tenant testified that she was a good tenant until she was diagnosed with a serious illness that requires chemotherapy treatment. Since her diagnosis, she hasn't been able to work consistently and when she does not work, she does not get paid, and as a result, she has not paid rent since November 2022.
The Tenant has not paid rent since November 2022 and has persistently paid rent late in the past.
Need assistance from an expert?
Lawful Rent
$1,545
Rent Arrears
$20,085
Application Fee
$186
Ordered Amount
$20,097 (to Landlord)
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.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.