📍 Brampton, Ontario
Tenants repeatedly denied landlord lawful entry despite valid 24-hour written notices on multiple occasions from 2024 through 2025.
Tenant admitted denying entry on July 23, 2025 and denied entry again during the N5 voiding period on August 2, 2025.
Front glass pane beside the entrance door was broken during the tenancy; landlord's repair quote was $791.00 including HST.
Tenant failed to pay water utility bills required under the lease, resulting in outstanding amount of $277.97.
Board found insufficient evidence of persistent late rent payment or illegal basement subdivision on balance of probabilities.
Tenancy terminated effective June 30, 2026; per diem compensation of $111.78/day applies from July 1, 2026 if unit not vacated.
Board found tenant breached s.62 (wilful/negligent damage) and s.64(1) (substantial interference with landlord's lawful rights) of the RTA by denying entry and failing to repair the glass.
Board found tenant failed to pay water utility costs as required under the tenancy agreement, establishing the s.88.2 claim for $277.97.
Board found tenant did not void the first N5 notice during the voiding period, as entry was again denied on August 2, 2025.
Board did not find persistent late payment of rent established on balance of probabilities given ambiguity in ledger evidence.
Board did not find basement subdivision or commercial printing business established on balance of probabilities, partly due to tenant's own denial of entry preventing evidence gathering.
Board declined to find this application retaliatory under s.83(3), noting landlord's notices predated tenant's own LTB application.
Board declined to grant a conditional order given tenant's lengthy history of non-compliance and unlikelihood of future compliance.
Tenancy terminated effective June 30, 2026; sheriff may enforce from July 1, 2026.
Tenant ordered to pay $277.97 for unpaid water utility costs.
Tenant ordered to pay $791.00 for cost of repairing damaged front glass pane.
Tenant ordered to pay $186.00 for landlord's application filing fee.
Rent deposit of $3,400.00 plus interest of $237.49 held by landlord exceeds amounts owed to landlord by $2,382.52, which is offset against per diem compensation of $111.78/day from July 1, 2026.
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