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Summarized by RentZenLast updated: July 22, 2024
Unit ****, 658 The Queensway, Etobicoke, ON M8Y1K7
Decision in favor of
landlord
Balance Owed to Landlord
$186
Agree with the ruling?
Hearing Date
Jan 2023
Order Date
Feb 13, 2023
Tenancy End Date
Mar 2023
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date and sought reimbursement for out-of-pocket expenses resulting from the Tenant's conduct.
The Tenant's actions, including denying entry to the Landlord, changing locks without authorization, cluttering the main stairwell and rental unit, and operating a hair salon in the unit, were found to substantially interfere with the Landlord's lawful rights and interests. The Tenant's ongoing behavior and failure to address these issues made a conditional order unfair in the circumstances.
Landlord argued that the Tenant's actions substantially interfered with their lawful rights and interests, including the right to enter the unit for maintenance and repairs.
Landlord attempted to enter the unit multiple times to address leaks and maintenance issues. Landlord changed locks on March 10, 2022, after being denied entry.
Tenant argued that notices were not properly served and that the emergency egress was a normal staircase that everyone on the street uses.
Tenant denied Landlord entry on multiple occasions, changed locks without authorization, cluttered the main stairwell and rental unit, and operated a hair salon in the unit. Tenant stated, 'If you insist upon using the Queensway entrance, I am informing you of the risk, and in doing such, if any harm comes to you or your guest(s), neither I nor my insurance company shall be held responsible.'
Tenant failed to provide Landlord with keys after changing locks.
Continued denial of entry to Landlord, unauthorized changing of locks, excessive clutter in stairwell and unit, operating a hair salon in the rental unit
The tenancy is terminated effective March 31, 2023. The Tenant must pay $186.00 for the cost of filing the application and $43.10 per day for the use of the unit starting February 1, 2023, until the date the Tenant moves out. If the Tenant does not vacate by March 31, 2023, the Landlord may file the order with the Court Enforcement Office for eviction.
LTB Member
437
96.1%
2.5%
1.4%
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Lawful Rent
$1,311
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
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