Landlord and Tenant Dispute: Misa v Cornes 2021 LTB Ruling
LTB rules on complex Toronto rental dispute, orders landlord to complete repairs but dismisses harassment claims
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 2207 Danforth Avenue, Toronto, ON M4C1K4
Dispute resolved in
agreement
Balance Owed to Tenant
$50
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2019
Hearing Date
Feb 2021
Order Date
May 14, 2021
Dispute Summary
Landlords applied to terminate the tenancy and evict the Tenant due to alleged damage to the rental unit, interference with the Landlords' and other tenants' reasonable enjoyment, safety concerns, and persistent late payment of rent. The Tenant filed applications alleging the Landlords harassed and interfered with the Tenant's reasonable enjoyment, and failed to maintain the rental unit.
Determinations
- Landlord served valid N7 Notice
- Landlord served voidable N5 Notice along with N7 Notice, which was confusing for Tenant
- Tenant failed to void N5 Notice
- Landlords failed to complete repairs ordered by City within required timeframe
- Tenant failed to prove Landlords harassed or interfered with Tenant's reasonable enjoyment
Case Study
The Landlords' application was dismissed as the Landlords served the Tenant with both a voidable N5 Notice and a non-voidable N7 Notice, which was found to be confusing for the Tenant. The Tenant's T6 application was granted in part, as the Landlords were ordered to complete outstanding repairs by a certain date. The Tenant's T2 application was dismissed, as the Tenant failed to prove the Landlords harassed or interfered with the Tenant's reasonable enjoyment.
Arguments and Actions
Landlord
Actions
Landlords claimed Tenant refused entry for repairs, and repairs were delayed due to COVID-19.
Procedural Errors
Landlords served both a voidable N5 Notice and a non-voidable N7 Notice, which was found to be confusing for the Tenant.
Tenant
Arguments
Tenant argued Landlords could not serve both a voidable N5 Notice and a non-voidable N7 Notice at the same time, as it would be confusing for the Tenant.
Actions
Tenant alleged Landlords changed mailing address to interfere with Tenant's mail, and Tenant was blamed for neighbor's garbage issues.
Decision Summary
The Landlords' application was dismissed. The Tenant's T6 application was granted in part, and the Landlords were ordered to complete outstanding repairs by June 30, 2021. The Tenant's T2 application was dismissed.
Adjudicator Details
LTB Member
Total Orders
357
Landlord Favorable
91.0%
Tenant Favorable
2.0%
Mutual Agreement
7.0%
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Financial Details
Other Owed Amount
$50
Failure to comply with section 20 of the Residential Tenancies Act, 2006 and the City Order
Total Owing
$50 (Owed to Tenant)
Source
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