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)
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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.
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2023 ONLTB 45899 (CanLII)