Mcarthur v D.D. Acquisitions Partnership

Split/Other wins · Toronto · 2021-10-27

Adjudicator

Greg Joy

Dispute

Maintenance

Amount

$10-20K

Landlord

D.D. Acquisitions Partnership

Tenant

S.M., D.G.

Landlord rep

Keith Andrerson

Tenant rep

Elija Akpan

What happened

Tenants applied for an order determining that the Landlord altered the locking system on a door giving entry to the rental unit or residential complex without giving them replacement keys. A fire occurred in the Tenants' rental unit, and the unit has been sealed off due to asbestos contamination. The Tenants want to enter the unit to retrieve their belongings, but the Landlord's position is that the belongings are contaminated and cannot be removed without being first decontaminated.

The ruling

The Tenants have 30 days to hire a professional to enter the unit and properly remove their possessions. If the Tenants fail to do so, the Landlord is authorized to properly dispose of any possessions that remain in the rental unit. The tenancy between the Landlord and the Tenants was terminated on July 1, 2021.