Landlord Loses Undue Damage and Interference Case: Cx Financial Investing Inc. v Toure
Landlord loses undue damage and interference case against tenant in Toronto
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 20 Richardson Street, Toronto, ON M5A0S6
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jan 2022
Order Date
Feb 18, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to undue damage to the premises and substantial interference with the Landlord's reasonable enjoyment or lawful right, privilege or interest. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Board did not have jurisdiction to issue voidable order
- Failure to pay legal fees does not constitute renting through Airbnb
- Landlord failed to establish Tenant did not void notice
- Tenant subsequently paid legal fees, eviction not warranted
Case Study
The Board did not have jurisdiction to issue a voidable order based on the type of application filed by the Landlord. The Landlord failed to establish that the Tenant did not void the notice of termination by repeating the conduct alleged in the notice during the voiding period. The failure to pay the Landlord's legal fees does not constitute renting the unit through Airbnb during the voiding period. In any event, the Tenant subsequently paid the legal fees, therefore eviction is not warranted.
Decision Summary
Order HOL-11147-21 issued on October 15, 2021 is cancelled and the application filed by the Landlord is dismissed.
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
90.2%
Tenant Favorable
4.8%
Mutual Agreement
5.0%
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