Landlord Wins Substantial Interference Case: Kovacevic v Ranee Management 2024
Toronto tenants' claim of substantial interference by landlord dismissed by LTB
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 72 Gamble Avenue NE, Toronto, ON M4K2H1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jun 2024
Order Date
Aug 20, 2024
Dispute Summary
Tenants alleged that the Landlord substantially interfered with their reasonable enjoyment of the rental unit through incidents involving a neighboring tenant leaving items on their doorstep and a threatening message.
Determinations
- Tenant did not prove the allegations on a balance of probabilities
- Landlord investigated the incidents and took reasonable steps
- Landlord not responsible for actions of another tenant
Case Study
The Landlord is not responsible for the actions of another tenant that the Landlord does not control. The Landlord investigated the incidents and took reasonable steps to address the Tenant's concerns.
Arguments and Actions
Landlord
Arguments
Landlord argued that it cannot be held responsible for the actions of third parties it does not control.
Actions
Landlord investigated the incidents and believed the situation had been resolved after the neighboring tenant admitted to moving the items.
Tenant
Arguments
Tenant argued that the Landlord's inaction contributed to their continued harassment and distress.
Actions
Tenant found items left on their doorstep by a neighboring tenant on multiple occasions.
Decision Summary
The Tenant's application is dismissed as the Tenant did not prove the allegations of substantial interference on a balance of probabilities. The Landlord investigated the incidents and took reasonable steps to address the Tenant's concerns.
Adjudicator Details
LTB Member
Total Orders
253
Landlord Favorable
85.8%
Tenant Favorable
8.3%
Mutual Agreement
5.9%
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