Evictly

LTB Order LTB-T-011569-22

Citation
2023 ONLTB 45899
Decided
2023-06-23
Rental unit
6 HWY RR 1 DURHAM ON N0G1R0
Landlord
S.D.R.T.A.B.Z.
Tenant
B.Z.L.S.D.R.T.T.A.F.A.O.D.T.B.Z.T.L.
RTA section
s. 30
O. under Section 30 of the 2023 ONLTB 45899 (CanLII) Residential Tenancies Act, 2006 Citation: S. D. R. v B. Z., 2023 ONLTB 45899 Date: 2023-06-23 File Number: LTB-T-011569- 22/ LTB-T-010621-22 In the matter of: 6 HWY RR 1 DURHAM ON N0G1R0 Between: S. D. R. T. A. B. Z. L. S. D. R. (the 'T.') A. F. an O. D. T. B. Z. (the 'L.') entered the rental unit illegally; substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the T. or by a member of the T.'s household; A. harassed, obstructed, coerced, threatened, or interfered with the T. (LTB-T-011569-22). The T. also A. F. an O. D. T. the L. failed to meet the L.’s maintenance obligations under the Residential Tenancies Act, 2006 (the 'Act') or failed to comply with health, safety, housing, or maintenance standards (LTB-T-010621-22). Both applications were heard by videoconference on June 15, 2023. The T., A. the L.’s spouse, J. Peitz (JP) with the permission of the L., attended the hearing. Determinations: LTB-T-011569-22 (T2 Application) 1. The T., who vacated the unit on June 4, 2022, testified T. the L. illegally entered the unit drunk on January 8, 2022 A. screamed at him about a rent increase. The L.’s spouse, JP, who was present at the time, slapped the T.. 2. JP testified T. she attended the rental unit with the L. on January 8, 2022, the T.’s wife let them in A. went to get him while they waited. The L. was upset over the state of the unit, asked F. increased rent so repairs could be carried out A. got in an argument with the T.. 3. JP got between the L. A. the T. as they screamed at each other A. pushed the L. away from the T.. She denied slapping the T. who later stated T. the slap was not a hard one. 4. The T.’s only remedy was a request F. a fine against the L.. 2023 ONLTB 45899 (CanLII) O. Page 1 out of 2 5. Based on all the evidence, I am not satisfied T. the L. entered the unit illegally, substantially interfered with the T.’s reasonable enjoyment of the unit or harassed the T. in any form. LTB-T-010621-22 (T6 Application) 6. The T. testified T. he resided in the rental unit F. over 10 years A. the L. was unresponsive every time the issue of repairs was raised. In November or December 2021, the T. informed the L. T. there were rats in the unit, the floors were rotten A. the rats chewed the electrical wires A. water pipe causing a water leak. 7. The T. requested an O. refraining the L. from renting the unit to prospective Tenants. 8. Section 20 (1) of the Residential Tenancies Act, 2006 (“Act”), provides T. a L. is responsible F. providing A. maintaining a residential complex, including the rental units in it, in a good state of repair A. fit F. habitation A. F. complying with health, safety, housing A. maintenance standards. 9. The T. who has since vacated the unit did not request a remedy T. the Board can enforce based on the evidence. It is ordered T.: 1. The T.’s applications are dismissed. June 23, 2023 ____________________________ Date Issued Jitewa Edu Member, L. A. T. Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. O. Page 2 out of 2 2023 ONLTB 45899 (CanLII)