TORONTO COMMUNITY HOUSING CORPORATION v Treiger - LTB Ruling on Tenant Eviction
Toronto community housing landlord wins eviction case against tenant who failed to comply with previous LTB order to declutter rental unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
4455 Bathurst Street, Toronto, ON M3H5X7
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
May 2024
Order Date
Jun 11, 2024
Tenancy End Date
Sep 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to meet conditions specified in a previous order. The Tenant filed a motion to set aside the eviction order.
Determinations
- Tenant breached conditions in previous order
- Landlord made efforts to connect Tenant with community supports
- Tenant refused available supports and failed to comply with order
- Unfair to set aside eviction order due to health and safety concerns
Arguments and Actions
Landlord
Arguments
Landlord requests motion be denied and stay of eviction be lifted due to health and safety concerns.
Actions
Landlord has made numerous attempts over 2.5 years to connect Tenant with community supports and encourage compliance, but Tenant has refused assistance and the clutter has worsened.
Tenant
Arguments
Tenant requests additional time to comply with the order and preserve the tenancy.
Actions
Tenant has been receptive to receiving assistance, but has not been able to sufficiently declutter the unit.
Decision Summary
The Tenant's motion to set aside the eviction order is granted, but the stay of eviction is lifted effective September 30, 2024. The Tenant must vacate the unit by that date, and the Landlord may file the order with the Sheriff for enforcement if the Tenant does not comply.
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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