Anunaobi v Fernandes and Wu
Last updated: July 26, 2024
Order
Ordered by Egya Sangmuah,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
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Citation: Anunaobi v Fernandes and Wu, 2021 CanLII 146007 (ON LTB)
File Number: TET-18947-21
Timeline
Hearing Date
Sep 2021
Order Date
Nov 10, 2021
Decision
The Tenant's application is dismissed. A landlord-tenant relationship was not created, and the Tenant cannot apply to the Board for a remedy.
Dispute
Tenant applied for an order determining that Landlords harassed, obstructed, coerced, threatened or interfered with the Tenant, entered the rental unit illegally, altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys and substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of the Tenant's household, sold, retained or otherwise disposed of the Tenant's property before 72 hours had elapsed after the Tenant was evicted or the Landlords did not make the Tenant's property available to be retrieved at a location close to the rental unit during the hours of 8AM to 8PM within 72 hours after the Tenant were evicted.
Determinations
- Tenant is not a tenant within the meaning of the Residential Tenancies Act, 2006
- Landlords purchased the residential complex from the Tenant and his estranged wife
- Landlords presented the Tenant with a standard lease, but the Tenant objected to the terms
- Landlords revoked the offer of a tenancy agreement on July 23, 2021, a day before the tenancy was to commence
- Landlords changed the locks of the door giving entry to the basement suite
- A landlord-tenant relationship was not created, and the Tenant cannot apply to the Board for a remedy
Landlord's Arguments
Tenant's Arguments
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