Sachania v Muhammed
Landlord wins · Etobicoke · 2025-10-28
- Adjudicator
- Amanda Kovats
- Dispute
- Maintenance, Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- R.S.
- Tenant
- A.M.
- Landlord rep
- Jasdeep Virdi
- Tenant rep
- Sarah Muhammed
What happened
The Landlord applied to terminate the tenancy and evict the Tenant due to significant rent arrears. The Tenant argued that he should not pay rent for the period he was not living in the unit due to water damage from a roof leak in July 2023. However, the Tenant admitted that his belongings remained in the unit and he had not returned the keys, intending to hold them until insurance paid for damages. The Board found the Tenant remained in legal possession and was responsible for rent.
The ruling
The tenancy is terminated effective November 8, 2025. To void the eviction and continue the tenancy, the Tenant must pay $78,186.00 by November 8, 2025. If the Tenant does not void the order, the Tenant is ordered to pay $50,186.00 to the Landlord (the maximum amount allowed under the LTB's jurisdiction). The Tenant must vacate by November 8, 2025, or the Landlord may seek enforcement by the Sheriff on or after November 9, 2025.