Vehicle - Re: Violation of City By-Laws

TEL-77147-17 (Re), 2017 CanLII 48891 (ON LTB)

7. At the hearing, the Tenant raised issues pursuant to subsection 82(1) of the Residential Tenancies Act, 20016 (the ‘Act’). The Tenant says he has withheld the rent for march 2017 because the Landlord wrongfully had his car towed and he had to pay $235.00 to retrieve the car.

8. For the reasons that follow, I am satisfied that the Tenant’s s.82 issues must be dismissed.

10. In addition, the Tenant admits that the car in question does not have license plates and was not parked in the Landlord’s regular parking lot. The Tenant also admits that he did not have a parking agreement with the Landlord for this car, and he admits that received the notice that Landlord placed on his car advising him that the car would be towed if the Tenant failed to register the vehicle and obtain a parking agreement.

11. Based on the evidence before me, I am satisfied that the Landlord had a positive obligation to remove the unlicensed vehicle from the property, the Landlord properly notified the Tenant of the situation, and then was fully justified in having the vehicle removed when the Tenant failed to respond accordingly. The Landlord should not be held financially responsible for the Tenant’s failure to resolve the situation. As a result, the Tenant’s section 82 issues are dismissed.