Case Study

LTB Order LTB-L-039004-26 | Provenzano v Francis & Warriner | Oshawa

Consent order preserving tenancy with conditions for damage repayment, rent payment, fumigation cooperation, and garbage removal

🕑 Case timeline

Application Date: Date not provided

Hearing Date: June 29, 2026

Order Issued: July 7, 2026

Termination Date: Tenancy continues conditionally

Eviction Deadline: N/A – tenancy continues conditionally

ℹ️ Case overview

Case Number: LTB-L-039004-26
Address: 2, 219 Graburn Ave, Oshawa ON L1H3A9
Form Used: Date not provided
Served By: Date not provided
Amount Awarded: $606.93
Decision In Favor: Landlord (conditional order)
Application Type: Eviction for substantial interference, wilful or negligent damage, and persistent late payment of rent
RTA Sections: Section 69 – Application by landlord to terminate tenancy, Section 27 – Entry to rental unit by landlord, Section 78 – Application based on previous order or mediated settlement

👥 Parties involved

Landlord: Sarto Provenzano
Landlord Rep: Tiffiny Corradetti (legal representative)
Tenant: Shannon Francis, Michael Warriner
Tenant Rep: Petrina Knight (support person)
Adjudicator: Oluwatobi Abobarin
Keywords: consent order, conditional tenancy, damage repayment, persistent late payment, fumigation, garbage removal, parking, air conditioning surcharge, filing fee

⚖️ Decision summary

Order issued July 7, 2026 on consent of both parties following resolution at hearing.
Tenancy continues subject to strict compliance conditions over a 12-month period.
Total monetary obligation on tenants is $606.93 ($420.93 window + $186.00 filing fee), payable by structured payment plan.
Landlord agreed to contact City of Oshawa by July 31, 2026 to arrange pickup of six large items for tenants.
Parties confirmed tenant is entitled to only one parking spot per the lease agreement.

⚠️ Dispute summary

Landlord alleged tenants, occupants, or permitted persons substantially interfered with reasonable enjoyment or lawful rights of the landlord or other tenants.
Landlord alleged wilful or negligent damage to the rental premises, including a broken window.
Landlord alleged tenants were persistently late in paying rent.
Landlord sought compensation for each day tenants remained after the termination date and for out-of-pocket repair/replacement costs.

📑 Findings & determinations

Tenancy is preserved conditionally; tenants must comply with all conditions in paragraphs 2–8 of the order.
Tenants must allow landlord or designated agent entry to all areas of the rental unit for 12 months per s.27 RTA.
Tenants must remove all garbage and debris, specifically the blue couch, from the residential complex within 12 months.
Tenants must pay $420.93 for window replacement in six instalments: five payments of $70.16 monthly July–November 2026, and $70.13 on December 20, 2026.
Tenants must prepare unit for fumigation and vacate for 4 hours upon 3 days' notice from the landlord for 12 months.
Tenants must pay July 2026 rent by July 6, 2026, and pay rent on or before the 1st of each month August 2026 to July 2027.
Tenants must pay $186.00 filing fee in six equal monthly instalments of $31.00 from July 20 to December 20, 2026.
Failure to pay filing fee instalment renders the full balance immediately due with simple interest per the Courts of Justice Act.
If tenants breach conditions in paragraphs 2–8, landlord may apply under s.78 RTA within 30 days of breach without notice to tenants.

💡 Summary points

Landlord applied to evict tenants for interference, wilful or negligent damage, and persistent late rent payment.
Parties resolved the matter by consent at a videoconference hearing on June 29, 2026.
Tenancy continues provided tenants comply with conditions including timely rent, damage repayment, garbage removal, and fumigation cooperation.
Tenants must pay $420.93 for a damaged window and $186.00 for the application filing fee.
Tenants must pay an additional $50.00/month during air conditioning season per the lease.
Landlord retains right to apply under s.78 RTA if tenants breach any condition without notice to tenants.
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