Dalouba v Clysdale

Landlord wins · Sarnia · 2025-09-12

Adjudicator

Jane Dean

Dispute

Maintenance, Non-payment of Rent, Tenant Rights

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

G.D.

Tenant

S.C.

Landlord rep

Muhammad Malilk, Mathew Alexander

What happened

The Landlord applied to terminate the tenancy and evict the Tenant for non-payment of rent. The Tenant raised issues under Section 82, alleging that the Landlord failed to maintain the unit (flooding and power issues), interfered with reasonable enjoyment, and harassed the Tenant. The Tenant claimed that a flood in July caused a power outage for 39 days, but admitted to not notifying the Landlord of the issue. The Landlord argued that maintenance was performed in April and they were unaware of subsequent issues. The LTB found that the Landlord acted reasonably regarding the April flood and was not liable for July issues that were never reported. The harassment claims were dismissed for lack of evidence.

The ruling

The Tenant is ordered to pay $3,437.16 to the Landlord for rent arrears and the application fee. The tenancy will terminate on September 30, 2025, and the Tenant must vacate the unit unless they pay a total of $4,296.00 by that date to void the eviction order. The Tenant's claims for maintenance issues and harassment were dismissed as they failed to notify the Landlord of the issues or provide sufficient evidence.