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Case Study

LTB Order Refusal of Eviction for Non-payment of Rent Due to Landlord's Breach

Case LTB-L-029928-22

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-01-19

Order Issued: 2023-02-02

Termination Date: Date not provided

Eviction Deadline: 2023-02-13

ℹ️ Case overview

Case Number: LTB-L-029928-22
Address: 1, 598 Lansdowne Dr, Oshawa ON L1G1W4
Form Used: N4 Notice
Served By: Landlord
Amount Awarded: $5,403.00
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 82, Section 83(3)(a), Section 83(1)(a), Section 2(1)

👥 Parties involved

Landlord: 2817808 Ontario Corporation
Landlord Rep: Elina Valilieva, Maksym Shuyravlov
Tenant: Candice Deshane
Tenant Rep: Self Represented
Adjudicator: Robert Patchett
Keywords: eviction, non-payment of rent, maintenance issues, serious breach, vital service, heat, safety equipment, smoke detectors, carbon monoxide detectors

⚖️ Decision summary

Eviction application refused due to landlord's serious breach of responsibilities.
Tenant advised to seek legal advice for unresolved maintenance issues.

⚠️ Dispute summary

Tenant failed to pay rent leading to eviction application.
Tenant raised maintenance issues at hearing, not previously disclosed to landlord.

📑 Findings & determinations

Valid N4 Notice served but not voided by tenant payment.
Tenant still in possession of rental unit.
Landlord failed to provide vital services and safety equipment.

💡 Summary points

Eviction application for non-payment refused due to landlord's failure to provide heat and safety equipment.
Tenant owes $5,403.00 in rent arrears as of January 31, 2023.
Landlord in serious breach of obligations under the Residential Tenancies Act.
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