Bousselmi v Kostov
Tenant wins · East York · 2025-06-24
- Adjudicator
- Candace Aboussafy
- Dispute
- Damage to Property, Maintenance, Personal Use, Tenant Rights
- Notice
- Personal use (N12)
- Amount
- $10-20K
- Landlord
- S.B.
- Tenant
- H.K.
- Landlord rep
- Alireza Hesami
- Tenant rep
- Michelle Choe (Don Valley Community Legal Services)
What happened
The Landlord sought to evict the Tenant for personal use (occupation by his daughter). However, the Tenant filed a cross-application alleging that the Landlord illegally changed the door locks, failed to maintain the unit in a habitable state following termite work, leaks, and sewage overflows, and disposed of the Tenant's property. The unit had been without a kitchen or bathroom for over seven months. The Board found the Landlord in serious breach of maintenance obligations and determined that an illegal lockout occurred.
The ruling
The Landlord's eviction application was dismissed. The Tenant was awarded a total of $17,505.37 in damages and abatements. The Landlord was ordered to complete all repairs to bring the unit to a habitable state by August 15, 2025, during which time the Tenant is entitled to a 100% rent abatement.