Constructive Eviction (RTA): Difference between revisions
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==SOT-75285-16 (Re), 2017 CanLII 28640 (ON LTB)<ref name="SOT-75285-16"/>== | ==SOT-75285-16 (Re), 2017 CanLII 28640 (ON LTB)<ref name="SOT-75285-16"/>== | ||
1. The Tenant alleged the following: | |||
::i) The superintendent KR entered her premises without her permission, without notice, and in her absence, on September 14, 2016, to carry out a third (3rd) attempt at repairing the vent in her unit. | |||
::ii) The Landlord “on purpose” delayed necessary repairs and denied bed bug treatment because she is an “inconvenient tenant”, having written letters and even gone to “Housing” regarding the condition of the building. | |||
::iii) The Landlord harassed her with an N5 notice, accusations of misconduct, threats of eviction and a notice of rent increase, in an effort to effect “constructive eviction”. | |||
:... | |||
19. The Tenant claims harassment and constructive eviction, through the Landlord’s “false” accusations of misconduct, service of an N5 and service of a notice of rent increase. The Tenant also claims that the Landlord, through the pest control company, harassed her by stating that some of her items (some un-vacuumed, some un-laundered, some un-bagged) compromised their bed bug treatment. | |||
20. The Landlord served the Tenant with an N5 dated August 25, 2015 after the Tenant posted, without permission, several notices in the common areas which showed an enlarged image of a bed bug and warned: “IMPORTANT NOTICE! We have a serious bed bug infestation in our building!” The Tenant is barred under Section 29 (2) of the Act from raising the issue in this application filed on October 3, 2016, based on the N5 which was served on August 25, 2015. In any event, I find that the Landlord, by serving an N5, was exercising a right under the Act. I find no evidence of bad faith and have no basis for penalizing the Landlord for exercising its statutory rights. | |||
:... | |||
26. The Tenant has not met the burden of proof to establish harassment and “constructive eviction”. There is no basis for any remedies in the circumstances. | |||
<ref name="SOT-75285-16">SOT-75285-16 (Re), 2017 CanLII 28640 (ON LTB), <https://canlii.ca/t/h3r57>, retrieved on 2022-01-12</ref> | <ref name="SOT-75285-16">SOT-75285-16 (Re), 2017 CanLII 28640 (ON LTB), <https://canlii.ca/t/h3r57>, retrieved on 2022-01-12</ref> | ||
==References== | ==References== | ||
Revision as of 18:55, 12 January 2022
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-11-23 |
| CLNP Page ID: | 1843 |
| Page Categories: | [Interference of Reasonable Enjoyment (LTB)] |
| Citation: | Constructive Eviction (RTA), CLNP 1843, <5f>, retrieved on 2024-11-23 |
| Editor: | Sharvey |
| Last Updated: | 2022/01/12 |
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SOT-75285-16 (Re), 2017 CanLII 28640 (ON LTB)[1]
1. The Tenant alleged the following:
- i) The superintendent KR entered her premises without her permission, without notice, and in her absence, on September 14, 2016, to carry out a third (3rd) attempt at repairing the vent in her unit.
- ii) The Landlord “on purpose” delayed necessary repairs and denied bed bug treatment because she is an “inconvenient tenant”, having written letters and even gone to “Housing” regarding the condition of the building.
- iii) The Landlord harassed her with an N5 notice, accusations of misconduct, threats of eviction and a notice of rent increase, in an effort to effect “constructive eviction”.
- ...
19. The Tenant claims harassment and constructive eviction, through the Landlord’s “false” accusations of misconduct, service of an N5 and service of a notice of rent increase. The Tenant also claims that the Landlord, through the pest control company, harassed her by stating that some of her items (some un-vacuumed, some un-laundered, some un-bagged) compromised their bed bug treatment.
20. The Landlord served the Tenant with an N5 dated August 25, 2015 after the Tenant posted, without permission, several notices in the common areas which showed an enlarged image of a bed bug and warned: “IMPORTANT NOTICE! We have a serious bed bug infestation in our building!” The Tenant is barred under Section 29 (2) of the Act from raising the issue in this application filed on October 3, 2016, based on the N5 which was served on August 25, 2015. In any event, I find that the Landlord, by serving an N5, was exercising a right under the Act. I find no evidence of bad faith and have no basis for penalizing the Landlord for exercising its statutory rights.
- ...
26. The Tenant has not met the burden of proof to establish harassment and “constructive eviction”. There is no basis for any remedies in the circumstances.
References
- ↑ 1.0 1.1 SOT-75285-16 (Re), 2017 CanLII 28640 (ON LTB), <https://canlii.ca/t/h3r57>, retrieved on 2022-01-12
