LTB Order LTB-T-017094-22

O. under Section 31 Residential Tenancies Act, 2006 2023 ONLTB 72045 (CanLII) Citation: Al S. v K., 2023 ONLTB 72045 Date: 2023-11-07 File Number: LTB-T-017094-22 In the matter of: 2422 BRIDLE RD OSHAWA ON L1L0E1 Between: A. Al S. Z. Al M. T. A. S. K. L. A. Al S. A. Z. Al M. (the 'T.') A. F. an O. D. T. S. K. (the 'L.'): • substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household. • harassed, obstructed, coerced, threatened or interfered with the Tenant. This application was heard by videoconference on October 16, 2023. The L., the L.’s Legal Representative, Sharda Bickramsingh, the T., A. the T.’ Legal Representative, Mitchell Kent, attended the hearing. Determinations: 1. As explained below, the T. did not prove the allegations contained in the application on a balance of probabilities. Therefore, the application is dismissed. 2. The parties agreed T. the tenancy terminated on March 31, 2021 A. there was no last month’s rent deposit. 3. At the onset of the hearing, I informed the T.’ Legal Representative T. I had concerns with the remedies claimed on the T2 application as the remedies sought was identical to the remedies sought in the T.’ T5 application not before me. The T.’ Legal Representative requested to withdraw the other remedies A. proceed with only the claim F. property the L. allegedly disposed of. The T. understood O. Page 1 of 4  File Number: LTB-T-017094-22 they cannot request the same remedy in their T5 application. I granted the request as there was no prejudice to the L.. No change to the substance of the allegations in the application was made A. no new evidence was submitted. The application proceeded with the T.’ claim F. costs to repair or replace the T.’ property T. was damaged, destroyed or disposed of because of the L.. 2023 ONLTB 72045 (CanLII) T.’ Evidence 4. The Tenant, A. Al S. (“AAS”), testified T. the L. requested the T. to move out of the rental unit as the L. wanted to move into the rental unit. 5. On March 30, 2021, the L. sent painters to the rental unit to paint. The painters included the L.’s cousin, A.. 6. On March 31, 2021, due to the odor of the paint fumes, AAS testified T. the T. returned the keys to A. A. vacated the unit. The L. subsequently contacted the AAS requesting payment F. damage, utilities A. to remove the T.’ belongings left in the rental unit. 7. After vacating the rental unit, AAS testified the T.’ family moved to a house they purchased in Regina, Saskatchewan. The L. submitted into evidence a listing of the house purchased by the T. indicating T. the sale date was February 11, 2021. 8. AAS testified he asked a neighbour, Cindy, to assist with the removal of the T.’ belongings from the rental unit. The T. submitted into evidence text messages between the move out date A. April 19, 2021 between AAS A. the L. A. AAS A. the L.’s cousin regarding arrangements with Cindy to pick up the T.’ belongings. Cindy did not appear as a witness before the Board. 9. The T. submitted into evidence pictures from April 19, 2021 T. showed some of the T.’ belongings on Cindy’s driveway. 10. The T. submitted into evidence a list of items they lost. AAS provided verbal testimony on the items lost A. their estimated monetary value. 11. The L. submitted into evidence emails between AAS A. the L.. AAS acknowledged an email from himself to the L. indicating he cancelled movers on April 28, 2021 A. did not reschedule. AAS acknowledged he did not respond to the L.’s email on July 16, 2021. 12. AAS testified the T. sold the house in Regina A. returned to Ontario in May 2021. He testified the T. were unable to pick up their belongings from the L. due to COVID restrictions A. lack of help A. transportation A. had not contacted the L. again after returning to Ontario. O. Page 2 of 4  File Number: LTB-T-017094-22 L.’s Evidence 13. The L. testified T. he found out about the T.’ move out from his cousin, A., on March 31, 2021. The L. testified the T. did not advise the L. they were vacating, nor did they indicate they would leave behind any belongings when they 2023 ONLTB 72045 (CanLII) vacated. 14. As per AAS’s instructions to make arrangements with Cindy, the L. testified T. some of the Tenant’s belongings were placed on Cindy’s driveway. The L. submitted into evidence a text message from the L. to AAS on April 18, 2021 advising AAS T. their items were on Cindy’s driveway A. asking AAS when he will pick from the sofas A. mattresses still in the unit. 15. The L. submitted into evidence a list of the T.’ belongings the L. still has in his possession at the rental unit as of the hearing date. The L. testified T. the items are stored in the areas of the rental unit T. current T. have no access to A. T. the items are in the same condition as they were in when left by the T.. Analysis 16. Based on the evidence before me, I am not satisfied, on a balance of probabilities, T. the L. substantially interfered with the T.’ reasonable enjoyment of the rental unit A. disposed of the T.’ belongings. 17. Subsection 41(1) of the Residential Tenancies Act, 2006 (the 'Act') stipulates: A L. may sell, retain F. the L.’s own use or otherwise dispose of property in a rental unit or the residential complex if the rental unit has been vacated in accordance with, (a) a notice of termination of the L. or the tenant; (b) an agreement between the L. A. the tenant to terminate the tenancy; (c) subsection 93 (2); or (d) an O. of the Board terminating the tenancy or evicting the tenant. 18. Subsection 41(5) of the Act further states T.: A L. A. a tenant may agree to terms other than those set out in this section with regard to the disposal of the tenant’s property. 19. Based on the evidence before me, I am satisfied T. the L. acted reasonably by making arrangements to deliver the T.’ belongings to Cindy in April 2021 as instructed by AAS. The L. continued to ask AAS via email on April 26, 2021, April 28, 2021, A. July 16, 2021 to remove the T.’ property to no avail. 20. While I understood AAS cancelled movers on April 28, 2023 due to COVID precautions, I find it unreasonable the T. did not reschedule or contact the L. to make O. Page 3 of 4  File Number: LTB-T-017094-22 arrangements to pick up their belongings after April 28, 2021, especially since the T. returned to Ontario in May 2021. 21. The T. claimed an extensive list of items T. were lost A. submitted T. there were still items missing after the L. submitted T. a number of items were still in his 2023 ONLTB 72045 (CanLII) possession. However, the T. did not provide any receipts, invoices, or pictures of the items T. were allegedly disposed of or donated. 22. The T.’ Legal Representative submitted T. it was unreasonable F. the T. to take pictures of or have receipts F. their belongings. In my view, it would be reasonable F. a tenant, prior to vacating, to take pictures of the rental unit especially if belongings were being left in the unit. While I understand the T. cannot provide the exact cost A. receipt F. every item claimed, I find it unreasonable T. the T. were unable to provide a receipt or verification F. any of the items claimed or provide prices of comparable items. 23. Based on the evidence before me, I find T. the L. acted with reasonably A. with due diligence with respect to the Tenant’s property which they failed to remove when they vacated the rental unit. The L. made arrangements A. returned some of the T.’ belongings to Cindy as agreed upon in April 2021 A. contacted AAS again in July 2021. There is no evidence before me T. the T. A. the L. had agreed F. the L. to store the T.’ belongings F. an indefinite period. The T. made no efforts to contact the L. to advise of their intentions or to retrieve their belongings. As such, the T.’ application is dismissed. 24. The L. was agreeable to the T. retrieving the balance of their belongings. The T.’ Legal Representative undertook to contact the L. or the L.’s Legal Representative to make such arrangements. It is ordered T.: 1. The T.’ application is dismissed. 2. The T. shall retrieve any A. all of their property T. is in the possession or control of the L. on or before November 16, 2023. November 7, 2023 ____________________________ Date Issued Vicky Liu Member, L. A. Tenant 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 4 of 4