LTB Order LTB-L-034062-23

Order under Section 78(6) 2023 ONLTB 38277 (CanLII) Residential Tenancies Act, 2006 Citation: T.Y.W.C. ASSOCIATION v P., 2023 ONLTB 38277 Date: 2023-05-25 File Number: LTB-L-034062-23 In T. matter of: 722, 150 ELIZABETH ST TORONTO ON M5G0B1 Between: T.Y.W.C. Landlord ASSOCIATION OF GREATER TORONTO And T.M.P. Tenant On April 27, 2023, T.Y.W.C. ASSOCIATION OF GREATER TORONTO (T. 'Landlord') applied for an order to terminate T. tenancy and evict T. M. P. (T. 'Tenant’) because T. Tenant did not meet a condition specified in T. order issued by T. LTB on January 3, 2023, with respect to application LTB-L-037691-22. This application was decided without a hearing being held. Determinations: 1. T. order provides that T. Landlord can apply to T. LTB under section 78 of T. Residential Tenancies Act, 2006 (T. 'Act') without notice to T. Tenant to terminate T. tenancy and evict T. Tenant if T. Tenant does not meet certain condition(s) in T. order. This application was filed within 30 days of T. breach. 2. I find that T. Tenant has not met T. following condition specified in T. order: T. Tenant was to restore T. rental unit to a safe, clean and reasonable living condition, by March 31, 2023. This includes but is not limited to: a) no combustible items near or on T. stove. Order Page: 1 of 3  b) reduce T. amount of combustible materials/excessive clutter in T. unit to a level acceptable to YWCA Toronto (e.g., rooms can be used for their intended purposes). c) pathways must be clear to all exits and windows with a minimum clearance of 1 meter. 2023 ONLTB 38277 (CanLII) File Number: LTB-L-034062-23 d) egress pathways must be clear of any obstructions from T. floor to T. ceiling and provide a safe means of egress for emergency responders. e) stacked items are stacked securely and are not stacked higher than approximately 1 meter. f) all exits and entranceways to T. unit are clear and accessible (e.g., all unit doors can open all T. way). g) all rooms shall be kept in a reasonable state of cleanliness. T. Tenant has not complied with Paragraph 2, of T. order LTB-L-037691-22. On or about April 3, 2023, T. Landlord's staff attended T. rental unit to conduct an inspection and observed T. following: i. combustible items stacked next to T. stove; ii. clutter level in T. rental unit was a level 7 out of 9 on T. Clutter Image Rating Scale; iii. T. bedroom was unusable for its intended purpose as it was densely packed with an excessive amount of items stacked approximately 4 feet high with no pathway inside T. bedroom area which made it impossible to enter T. bedroom; iv. T. bathroom was only partially accessible. Specifically, T. toilet and sink were unobstructed, however, T. bathtub was being used as storage space with shopping carts, and bags of items in T. bathtub which made T. bathtub and shower not usable for its intended purpose; v. there was a pathway of less than 1 meter into and out of T. rental unit; and vi. there were items stacked along T. walls on either side of T. pathway into T. rental unit which would make it difficult for Emergency Medical Services to navigate equipment such as a stretcher into T. rental unit in T. event of an emergency. It is ordered that: 1. Order LTB-L-037691-22 is cancelled. 2. T. tenancy between T. Landlord and T. Tenant is terminated. T. Tenant must move out of T. rental unit on or before June 5, 2023. Order Page: 2 of 3  3. If T. unit is not vacated on or before June 5, 2023, then starting June 6, 2023, T. Landlord may file this order with T. Court Enforcement Office (Sheriff) so that T. eviction may be enforced. 4. Upon receipt of this order, T. Court Enforcement Office (Sheriff) is directed to give vacant possession of T. unit to T. Landlord on or after June 6, 2023. 2023 ONLTB 38277 (CanLII) May 25, 2023 ____________________________ Date Issued Kimberly Parish Member, Landlord and Tenant Board File Number: LTB-L-034062-23 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 T. Tenant has until June 4, 2023, to file a motion with T. LTB to set aside T. order under s. 78(9) of T. Act. If T. tenant files T. motion by June 4, 2023, T. order will be stayed, and T. LTB will schedule a hearing. If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. In accordance with section 81 of T. Act, T. part of this order relating to T. eviction expires on December 6, 2023, if T. order has not been filed on or before this date with T. Court Enforcement Office (Sheriff) that has territorial jurisdiction where T. rental unit is located. Order Page: 3 of 3