Breach of Landlord's Obligations

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-06-16
CLNP Page ID:	2380
Page Categories:	Personal Use Application (LTB), Landlord & Tenant (Residential), Payment of Rent (LTB), Interference of Reasonable Enjoyment (LTB)
Citation:	Breach of Landlord's Obligations, CLNP 2380, <https://rvt.link/bw>, retrieved on 2024-06-16
Editor:	MKent
Last Updated:	2024/05/23

SWL-95963-16 (Re), 2017 CanLII 28669 (ON LTB)

Determinations:

T6/ Tenant’s Application about Maintenance

1. The Landlords failed to ensure that the pesticides used to treat the pest infestation were removed from the premises. Therefore, I find that the Landlords failed to meet the Landlords' obligations under subsection 20(1) of the Act to maintain the rental unit and failed to comply with safety standards.

2. The Tenant has been unable to live in the premises or use many of her personal belongings since approximately August 10, 2016, due to the presence of pesticides and pesticide residue.

3. Some of the Tenant’s property was damaged by continued exposure to pesticides.

T2/ Tenant’s Rights Application

1. The Landlords’ failure to takes steps to clean the pesticides from the premises substantially interfered with the Tenant’s reasonably enjoyment of the premises to the point that she could not live in her home or use her property.

L2/Notice to Terminate at End of the Term for Landlord’s or Purchaser’s Own Use (N12)

1. The Landlords did file affidavits attesting to their good faith intention to personally occupy the rental unit.

2. The Board is prohibited from terminating the tenancy because the Landlord is in serious breach of the Landlord’s obligations.

L2/ Notice to Terminate a Tenancy Early (N5)

1. The Landlord gave a second Notice of Termination, which contravenes section 68 of the Residential Tenancies Act. The first Notice of Termination was not voided. The second notice cannot be used as a first notice as there is no ability to void.

It is ordered that:

1. The Application to Terminate a Tenancy and Evict a Tenant (L2) based on the Notice to Terminate at End of the Term for Landlord’s or Purchaser’s Own Use (N12) is dismissed.

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