Maria Portillo vs. Rami Amayev — Case Study

INTRODUCTION TO THIS LANDLORD AND TENANT BOARD OF ONTARIO CASE STUDY

Welcome to YLAW, your trusted legal partner for navigating the intricate landscape of human rights cases in Ontario. In this case study, we delve into a significant tenant application at the Landlord and Tenant Board (LTB) of Ontario. The case revolves around Maria Portillo, who filed an application against her landlord, Rami Amayev, alleging that he gave a notice of termination in bad faith.

Understanding the Landlord and Tenant Board of Ontario

The Landlord and Tenant Board (LTB) is a specialized tribunal in Ontario that plays a crucial role in resolving disputes between landlords and tenants. It operates under the jurisdiction of the Residential Tenancies Act, 2006, which governs the rights and responsibilities of both landlords and tenants in Ontario.

The LTB’s primary mandate is to provide fair and impartial resolution of disputes related to residential tenancies. This includes issues such as rent increases, evictions, maintenance and repairs, and in this case, allegations of bad faith notices of termination.

Background

Maria Portillo was a tenant in a rental unit owned by Rami Amayev. The tenancy began on April 1, 2019, and ended on March 31, 2022, when Portillo moved out of the rental unit. The lawful monthly rent was $2,300.00. Portillo filed a T5 application with the LTB, alleging that Amayev gave a notice of termination in bad faith.

The Landlord and Tenant Board Hearing

Gathering Evidence

In this case, the tenant, Maria Portillo, had to gather evidence to support her claim that the landlord, Rami Amayev, gave a notice of termination in bad faith. This likely included documentation of the notice itself, any communication with the landlord about the termination, and evidence that the landlord’s stated reason for termination was not genuine.

Presenting the Case

The hearing was conducted by videoconference on April 18, 2024. Both the landlord and tenant attended, with the landlord represented by Alex Dolgonos and the tenant represented by Daniel English. Both parties had the opportunity to present their evidence and arguments before the adjudicator.

Adjudicator’s Decision

After carefully considering all the evidence and arguments presented, the adjudicator, Sonia Anwar-Ali, determined that the tenant had proven the allegations contained in the application on a balance of probabilities. The adjudicator found that the landlord had indeed given a notice of termination in bad faith.

Appealing the Decision

While the decision of the Landlord and Tenant Board is typically final, there are circumstances where either party may seek to appeal the decision. In this case, if either party believes there were errors in law or procedure, they could potentially seek a review or appeal of the decision.

ANALYSIS AND DECISION

The adjudicator’s analysis focused on whether the landlord had given the notice of termination in bad faith. Based on the evidence presented, the adjudicator concluded that the tenant had successfully proven her case. The decision hinged on several key factors:

1. The tenant filed the T5 application within the one-year period from the date they moved out, complying with subsection 57(2) of the Residential Tenancies Act, 2006.
2. The landlord’s actions after the tenant moved out, particularly regarding the re-rental of the unit, were inconsistent with the stated reasons for termination.
3. The tenant was able to provide sufficient evidence to support her claim of bad faith on the part of the landlord.

ORDER

As a result of the findings, the adjudicator ordered the landlord, Rami Amayev, to pay the tenant, Maria Portillo, $11,296.00 on or before July 22, 2024. This amount likely includes compensation for moving expenses, the difference in rent for a one-year period if the new accommodation was more expensive, and possibly a punitive amount for the bad faith notice.

Final Thoughts and Seeking Legal Counsel

This case highlights the importance of understanding your rights and responsibilities as both a landlord and a tenant. It also underscores the value of seeking legal representation when dealing with complex tenancy issues.

Know Your Rights

As a tenant, it’s crucial to understand your rights under the Residential Tenancies Act. This includes the right to challenge notices of termination that you believe are given in bad faith.

Consult with Legal Experts

If you’re facing a similar situation, whether as a landlord or a tenant, seeking legal counsel is highly advisable. An experienced lawyer can help you navigate the complexities of tenancy law and represent your interests effectively before the Landlord and Tenant Board.

Contact YLAW for Landlord and Tenant Board Cases

At YLAW, we specialize in assisting clients with Landlord and Tenant Board cases in Ontario. Our dedicated team of legal professionals has a deep understanding of tenancy law and extensive experience in advocating for our clients’ rights. We are committed to helping you navigate the LTB process and achieve a fair and just resolution.

If you have questions, concerns, or need legal representation for your LTB case, don’t hesitate to reach out to us. You can contact us by phone at +14379959529 or email us here. Our team is here to listen to your case, provide legal advice, and work tirelessly to protect your rights throughout the LTB proceedings.

Remember, you don’t have to face tenancy issues alone. YLAW is here to support you every step of the way.