Tian v Keshvari
Last updated: August 9, 2026
Order
Decision in favor of
Landlord
Notices Sent
Subsections of RTA Quoted
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Citation: Tian v Keshvari, LTB-L-091008-23
File Number: LTB-L-091008-23
Timeline
Hearing Date
Apr 2026
Order Date
May 28, 2026
Decision
The Landlord's application for termination is denied, but the Tenant is ordered to pay $410.85 for the thermostat replacement and filing fees. The Tenant's applications regarding maintenance and harassment are dismissed.
Reason for Eviction Relief
The breach relating to the thermostat was minor and did not warrant the drastic remedy of eviction.
Dispute
Landlord applied for termination and compensation due to property damage and interference with reasonable enjoyment. Tenant applied for maintenance and harassment claims. The Tribunal found the Tenant liable for replacement costs of a thermostat but dismissed the termination request and the Tenant's counter-applications.
Determinations
- Tenant not responsible for kitchen tile damage.
- Tenant responsible for thermostat replacement costs.
- Eviction is not an appropriate remedy for the thermostat breach.
- Tenant's T2/T6 applications for harassment and maintenance failures dismissed due to lack of evidence.
Landlord's Arguments
Arguments
The Landlord argued they were entitled to verify the state of the unit, demand insurance proof, and seek compensation for damage caused by the Tenant's conduct.
Actions and Evidence
The Landlord inspected the unit multiple times, issued multiple N5 notices, and demanded proof of insurance dating back several years.
Procedural Errors
Denied amendment request for application due to timing and file history.
Considerations
Tenant's Arguments
Arguments
The Tenant argued that the Landlord's multiple N5 notices were harassing, and that the Landlord failed to properly maintain the unit and interfered with their reasonable enjoyment.
Actions and Evidence
The Tenant changed the thermostat access code without informing the Landlord and failed to provide it upon request during an air conditioner replacement.
Considerations
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