Aisenbach v Russel

Landlord wins · North York · 2025-04-07

Adjudicator

Panagiotis Peter Roupas

Dispute

Harassment, Illegal Entry, Illegal Lockout, Maintenance, Substantial Interference

Landlord

D.R.

Tenant

M.M.A.

Landlord rep

Sabrina Sciulli, Bari Castor

Tenant rep

Daniel English

What happened

The Tenant filed a T2 application alleging illegal entry, altered locks, substantial interference, harassment, and maintenance issues by the Landlord. The application was initially a combined T2/T6 but was amended to a T2. The core allegations concerned incidents on February 22 and 23, 2022. The application was filed on February 27, 2023. The LTB dismissed the application because it was filed more than one year after the alleged incidents, making it statute-barred under section 29(2) of the RTA. The Landlord's request for costs was also denied.

The ruling

The Tenant's T2 application, which alleged various breaches by the Landlord including illegal entry and harassment, was dismissed. The adjudicator determined the application was statute-barred as it was filed on February 27, 2023, more than one year after the alleged incidents occurred on February 22-23, 2022, contrary to section 29(2) of the Residential Tenancies Act. The Landlord's request for $700.00 in costs was denied, as the adjudicator did not find the Tenant's conduct in bringing the application to be unreasonable.