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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

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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