Scavetta v Eliopoulos - Landlord Ordered to Pay $7000 for Denying Tenant's Family Access to Belongings
Landlord ordered to pay $7000 for denying tenant's family access to retrieve belongings after tenant's death
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 100 Byron St S, Whitby, ON L1N4P4
Decision in favor of
tenant
Balance Owed to Tenant
$2,048
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Jun 2024
Order Date
Jun 25, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord entered the rental unit illegally and harassed, obstructed, coerced, threatened or interfered with the Tenant. The Landlord's son entered the unit after the Tenant's death to conduct a wellness check and later to clean the unit. The Tenant's family was denied access to the unit to retrieve the Tenant's belongings.
Determinations
- Landlord did not enter unit illegally
- Landlord entered to clean unsafe/unhygienic conditions
- Landlord denied Tenant's family access to retrieve belongings
- Landlord did not comply with requirements of RTA regarding deceased tenant's belongings
Arguments and Actions
Landlord
Actions
Landlord entered unit to clean unsafe/unhygienic conditions after Tenant's death.
Procedural Errors
Landlord failed to comply with RTA requirements regarding deceased tenant's belongings.
Decision Summary
The Landlord must pay the Tenant's estate $2,000 in general damages and a $5,000 fine to the Board for denying the Tenant's family access to retrieve the Tenant's belongings after his death, in breach of the Residential Tenancies Act.
Adjudicator Details
LTB Member
Total Orders
17
Landlord Favorable
76.5%
Tenant Favorable
23.5%
Mutual Agreement
0.0%
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Financial Details
Application Fee
$48
Damages
$2,000
Administrative Fine Payable to LTB
$5,000
Total Owing
$2,048 (Owed to Tenant)
Fine Payable By: Landlord
Source
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