Borysowich v Young - Landlord Wins Interference Dispute
Landlord ordered to pay $53 rent abatement for cluttering communal areas in Barrie rental dispute
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 33 Carruthers Crescent, Barrie, ON L4M6A7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2024
Order Date
Apr 24, 2024
Dispute Summary
Tenant filed an application alleging the landlord illegally entered the rental unit, substantially interfered with the reasonable enjoyment of the unit, harassed the tenant, and withheld or interfered with vital services. The landlord denied the allegations.
Determinations
- Tenant moved in on 2019-12-01, vacated on 2021-10-31
- Tenant failed to show landlord substantially interfered with enjoyment of unit due to front door issue
- Landlord did not interfere with enjoyment of unit regarding kitchen sink issue
- Landlord not responsible for noise disturbance caused by another resident
- Landlord not in breach for internet disconnection due to fallen trees
- Tenant not coerced into signing N11 agreement
- Landlord's statements to tenant were reasonable
- Landlord substantially interfered with tenant's enjoyment by cluttering communal areas
Arguments and Actions
Landlord
Actions
Landlord sent messages to other tenants to keep front door shut, inspected kitchen sink, and acknowledged moving her furniture into communal areas.
Tenant
Actions
Tenant complained about front door not being properly closed, slow draining kitchen sink, noise disturbance, and landlord cluttering communal areas.
Decision Summary
The Landlord shall pay the Tenant $52.50 as rent abatement for substantially interfering with the Tenant's reasonable enjoyment of the rental unit by cluttering the communal areas. The Landlord must pay the full amount by May 5, 2024, or will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Lawful Rent
$525
Source
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