Tenants Win Substantial Interference Case Against Landlord: Ioia v Lamb
Tenants awarded $3965 after landlord failed to address security issues, leading to them moving out and building fire
Summarized by RentZenLast updated: July 22, 2024
Case Summary
2471 Queen Street E, Toronto, ON M5A1T9
Decision in favor of
tenant
Balance Owed to Tenants
$3,965
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Oct 2021
Order Date
Jan 5, 2022
Dispute Summary
Tenants applied for an order determining that the Landlords substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenants or by a member of their household. The Tenants alleged that the Landlord failed to secure the residential complex and permitted squatters unimpeded access, which led to the Tenants moving out and the building being consumed by fire.
Determinations
- Residential complex consumed by fire on June 2, 2020
- Tenants felt unsafe, especially with 10-month-old child
- Tenants left unit on March 26, 2020 and moved out on April 25, 2020
- Tenants notified Landlord representatives of squatters and prior fire
Case Study
The Landlord failed to investigate and resolve the Tenant's complaints about security and the presence of squatters in the building, which substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenants or by a member of their household. The Tenants moved out of the rental unit because of the Landlords' inactions.
Arguments and Actions
Landlord
Actions
Landlord failed to secure the residential complex and permitted squatters unimpeded access.
Aggravating Factors
Landlord failed to investigate and resolve Tenant's complaints about security and squatters
Tenant
Arguments
Tenants were seeking their last month's rent deposit and moving expenses.
Actions
Tenants left the unit on March 26, 2020 and arranged for their possessions to be packed and removed on April 25, 2020.
Decision Summary
The Landlord failed to investigate and resolve the Tenant's complaints about security and the presence of squatters in the building, which substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenants or by a member of their household. The Landlord is ordered to pay the Tenants $2,900 for the last month's rent deposit, $1,017 for moving expenses, and $48 for the cost of filing the application, for a total of $3,965.
Adjudicator Details
LTB Member
Total Orders
534
Landlord Favorable
79.6%
Tenant Favorable
14.0%
Mutual Agreement
6.4%
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Financial Details
Application Fee
$48
Rent Deposit
$2,900
Other Owed Amount
$1,017
moving expenses
Total Owing
$3,965 (Owed to Tenants)
Source
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