THARMALINGAM v PARAMSOTHY

Landlord wins · Mississauga · 2025-04-30

Adjudicator

Benjamin Seigel

Dispute

Maintenance, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.T.

Tenant

M.P.

Landlord rep

Thirusenthuran Sivapatham

What happened

The Landlord filed an application to evict the Tenant for non-payment of rent. At the hearing, the Tenant attempted to raise maintenance issues, including a recurring leak and mold, under section 82 of the RTA. However, the adjudicator barred these issues because the Tenant failed to provide the required advance notice to the Landlord. The Tenant cited unemployment due to an accident and dissatisfaction with maintenance as reasons for the arrears. The Board granted the Landlord a termination order but postponed the eviction, providing the Tenant with a conditional opportunity to pay the arrears and maintain the tenancy.

The ruling

The LTB has terminated the tenancy unless the Tenant voids the order by meeting specific payment conditions. The eviction is postponed until June 15, 2025. To avoid eviction, the Tenant must pay ongoing rent on time, make an arrears payment of $2,400.00 by May 16, 2025, and pay the total outstanding amount of $7,386.00 by June 15, 2025. If these conditions are not met, the tenancy is terminated, and the Tenant must pay the Landlord $4,654.45 plus daily compensation from April 25, 2025.