Grover v Siva Subramaniya
Split/Other wins · Mississauga · 2025-04-14
- Adjudicator
- Dawn Carr
- Dispute
- Maintenance, Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- S.G.
- Tenant
- D.S.S.
- Landlord rep
- Samantha Lee
- Tenant rep
- Naseer Ahmed
What happened
The Landlord applied to evict the Tenant for non-payment of rent. The Tenant requested an adjournment to raise maintenance issues, which was denied. However, the Tenant was allowed to present evidence on serious maintenance issues to argue against eviction under section 83 of the RTA. The Tenant described multiple unresolved issues like cockroaches, floor damage from a flood, a leaking sink, a hole in the wall, and mold. The Landlord did not contest the testimony. The Board found the Landlord was in serious breach of their obligations and denied the eviction. The Landlord then chose to proceed with an order for rent arrears only.
The ruling
The Landlord's application to evict the Tenant for rent arrears was denied. Despite significant arrears of $28,986.00, the Board found the Landlord was in serious breach of maintenance obligations, based on the Tenant's uncontested testimony about long-standing issues like cockroaches, mold, and water damage. Consequently, the Board exercised its discretion under section 83(3)(a) of the RTA to refuse the eviction. The Landlord opted to proceed with an order for arrears only. The Tenant is ordered to pay the Landlord $28,986.00, and the tenancy will continue.