Daoud v Freitas
Landlord wins · Mississauga · 2025-10-06
- Adjudicator
- Jitewa Edu
- Dispute
- Maintenance, Non-payment of Rent, Substantial Interference
- Notice
- Non-payment of rent (N4), Interfering with Others, Damage or Overcrowding (N5)
- Amount
- >$20K
- Landlord
- W.D.
- Tenant
- D.F.
- Landlord rep
- S. Syed
- Tenant rep
- B. Lockwood, N. Korenberg, M. Paunescu
What happened
The Landlord applied to terminate the tenancy due to significant rent arrears and the Tenant's failure to pay utilities as agreed. The Tenant raised multiple maintenance issues under section 82, including claims of mold, defective appliances, and structural gaps. The case involved multiple adjournments over a three-year period, partly due to the Tenant's legal representatives being appointed as LTB members. The Tenant, a paralegal, withheld rent for nearly two years based on maintenance claims that the Adjudicator largely found to be frivolous or insufficient to justify withholding rent.
The ruling
The tenancy is terminated effective January 31, 2026, unless the Tenant voids the order by paying the full amount of arrears. The Tenant is ordered to pay $38,622.44 if the tenancy is terminated, which accounts for over $100k in rent owing offset by $65k in payments made during the process, plus an abatement of $1,806.00 for maintenance delays. The Tenant must also pay $1,023.59 for utilities. The Landlord is ordered to perform specific repairs (light covers, floor gaps, inspection of exhaust fan) by late October 2025.