Tenant Wins Motion to Set Aside Eviction Order in Borino v O'dell: Borino v O'dell 2021
Tenant avoids eviction after successfully challenging landlord's application to terminate tenancy for alleged breach of conditions
Summarized by RentZenLast updated: July 26, 2024
Case Summary
2, 3393 Lakeshore Blvd W, Toronto, ON M8V1N2
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2021
Hearing Date
Dec 2021
Order Date
Dec 22, 2021
Dispute Summary
Landlords applied to terminate the tenancy and evict the Tenant due to the Tenant's failure to comply with a condition in a previous order. The Tenant filed a motion to set aside the order terminating the tenancy.
Determinations
- On September 30, 2019, the Board issued a consent order where the Tenant agreed to keep all hallways of the residential complex clear of her personal effects for two years, expiring on September 30, 2021.
- On September 7, 2021, the Landlord applied to terminate the tenancy because the Landlord believed the Tenant had her personal effects stored in the hallway.
- The Tenant denies placing belongings in the hallway and testified that she was out of the province from June 30, 2021 to October 15, 2021.
- The Tenant informed the Landlord that the items in the hallway did not belong to her or her children.
- Considering the short time remaining on the conditional order, the Tenant's absence, and the Tenant's testimony that the items did not belong to her, the Adjudicator found it appropriate to set aside the order terminating the tenancy.
Case Study
The Tenant was out of the province when the Landlord discovered the items in the hallway, and the Tenant testified that the items did not belong to her or her children. Considering the short time remaining on the conditional order and the Tenant's absence, the Adjudicator found it appropriate to set aside the order terminating the tenancy.
Arguments and Actions
Landlord
Actions
The Landlord applied to terminate the tenancy because the Landlord believed the Tenant had her personal effects stored in the hallway.
Tenant
Actions
The Tenant was out of the province from June 30, 2021 to October 15, 2021 and testified that the items in the hallway did not belong to her or her children.
Decision Summary
The Tenant's motion to set aside the order terminating the tenancy is granted. Order TSL-24121-21, issued on September 17, 2021, is set aside. The Landlords' application is dismissed. Order TSL-07115-19, issued on September 30, 2019, remains in effect with an amendment to extend the conditions until December 31, 2022 and to include any occupants of the rental unit or guests the Tenant permits into the residential complex.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
Need assistance from an expert?
Sponsored
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.