Common Space (Storage)

TNL-00728-17 (Re), 2018 CanLII 42594 (ON LTB)

Storage in the furnace room

4. The Landlord claims that the Tenants are storing some of their belongings in the furnace room, and that they are not permitted to do so under the lease. He states that this obstructs access to the furnace for service. He also states that they are keeping a stove in the common areas of the basement outside their rental unit.

5. The Tenants state that they store a bicycle and some empty boxes in the furnace room, that they have done so without objection since they moved into the rental unit, and that the upstairs tenants also store items in the furnace room. They also state that the additional stove in the common area is there because the stove provided by the Landlord does not work properly.

6. The Landlord states that the upstairs tenants have the right under their tenancy agreement to store items in a corner of the furnace room. He also denies that any issues regarding the functioning of the stove provided for use by the Tenants have been raised with him.

7. I am satisfied that the tenancy agreement does not entitle the Tenants to store their belongings in the furnace room, or to store appliances in the common areas of the basement, and that, by doing so, the interfering with a lawful right, privilege or interest of the Landlord.

It is ordered that:

1. The Tenants shall refrain from parking more than one vehicle on the driveway of the residential complex without the consent of the Landlord.

2. The Tenants shall refrain from storing their belongings in the furnace room or other areas for which they have not been granted the right to store their belongings without the consent of the Landlord.

3. If the Tenants fail to comply with paragraphs 1 or 2 above, the Landlord may apply under section 78 of the Act, within 30 days of the breach, without notice to the Tenants, for an order terminating the tenancy and evicting the Tenants.

4. The Tenants shall pay to the Landlord $190.00 for the cost of filing the application.

5. If the Tenants do not pay the Landlord the full amount owing on or before January 29, 2018, they will start to owe interest. This will be simple interest calculated from January 30, 2018 at 3.00% annually on the balance outstanding.