627220 Ontario Inc v Shushan - LTB Ruling on Maintenance, Harassment, and Rent Arrears
Landlord fined $1000 by LTB for intentionally breaching Residential Tenancies Act in Kitchener rental dispute
Summarized by RentZenLast updated: November 3, 2024
Case Summary
99 College St, Kitchener, ON N2H5A2
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Mar 2023
Hearing Date
Jan 2024
Order Date
Jun 13, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to the need for possession to convert the unit to non-residential use and non-payment of rent. Tenant applied for rent abatement and compensation based on various allegations, including the Landlord's failure to comply with maintenance obligations and harassment.
Determinations
- Landlord did not have required permits to undertake work requiring tenant to vacate
- Landlord intentionally deprived tenant of bathroom access
- Landlord's conduct constituted harassment of tenant
- Tenant did not pay lawful rent
Arguments and Actions
Landlord
Arguments
Necessary to deprive tenant of bathroom access to undertake repairs, tenant would not voluntarily vacate
Actions
Landlord removed heat source from bathroom, deprived tenant of bathroom access to undertake repairs
Aggravating Factors
Intentionally deprived tenant of bathroom access, showed blatant disregard for RTA
Tenant
Arguments
Tenant did not pay rent due to issues raised in T2 and T6 applications
Actions
Tenant vacated rental unit on September 8, 2022 prior to hearing
Decision Summary
L2 application dismissed as Landlord did not have required permits. Tenant awarded $3,967.08 for issues with bathroom access, lack of heat, ceiling collapse, and loss of laundry. Tenant ordered to pay net rent owed by September 1, 2024. Landlord ordered to restore heat to bathroom and pay $1,000 administrative fine.
Reason for Eviction Relief
Landlord's conduct constituted serious breach of RTA
Adjudicator Details
LTB Member
Total Orders
140
Landlord Favorable
69.3%
Tenant Favorable
17.9%
Mutual Agreement
12.9%
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Financial Details
Lawful Rent
$813
Administrative Fine Payable to LTB
$1,000
Fine Payable By: Landlord
Source
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