Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Juhasz v. Hymas, 2016 ONSC 1650
File Number: TSL-59801-15
Hearing Date
Mar 2016
Order Date
Mar 7, 2016
The Divisional Court allowed the tenant's appeal and set aside the Landlord and Tenant Board's eviction order. The court ruled that the Board erred in law by finding that the Residential Tenancies Act permitted the landlord to enter the unit to take photographs for marketing purposes without the tenant's consent or a specific lease provision.
The landlord sought to evict the tenant for repeatedly denying access to the rental unit for the purpose of taking photographs for sale. The tenant appealed the Landlord and Tenant Board's eviction order to the Divisional Court.
The landlord argued that if landlords are not permitted to send in realtors to inspect and take photographs when a property is rented, there will be a serious chilling effect in the rental market.
The landlord sought to enter the rental unit to take photographs for the purpose of selling the property.
The tenant argued that taking and disseminating photographs of her home and personal belongings without consent infringed on her privacy rights.
The tenant objected to photographs being taken of her and her children's personal belongings that would be disseminated to the public via the internet to advance the sale of the property.
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
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Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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