Kosta Nikolas Rosie & Family Holdings Inc v Collard
Landlord wins · Etobicoke · 2025-04-29
- Adjudicator
- Margo den Haan
- Dispute
- Non-payment of Rent, Substantial Interference
- Notice
- Non-payment of rent (N4), Substantial interference (N5)
- Amount
- >$20K
- Landlord
- Kosta Nikolas Rosie & Family Holdings Inc
- Tenant
- J.C.
- Landlord rep
- Elaine Page, Mary Cadas
What happened
The Landlord applied to evict the Tenant for non-payment of rent (L1) and substantial interference (L2). The Tenant had not paid rent for two years, resulting in arrears exceeding the LTB's $35,000 monetary jurisdiction. The Tenant also repeatedly denied the Landlord's agent entry for inspections and changed the locks. The Tenant's attempt to raise his own issues (section 82) was denied by the Board due to improper and late evidence submission, which was deemed highly prejudicial to the Landlord.
The ruling
The LTB terminated the tenancy due to both substantial non-payment of rent and the Tenant's substantial interference with the Landlord's rights. The Tenant was ordered to pay the Landlord $35,000, which is the maximum amount the Board can award, even though the total arrears were higher. This amount includes the application fee, less the rent deposit. The Tenant was also ordered to pay daily compensation until moving out. The termination was based on the Tenant's repeated refusal to allow the Landlord's agent lawful entry. Relief from eviction was denied. The Tenant must vacate by May 9, 2025.