Case Study

Eviction for non-payment of rent · Toronto · LTB-T-073063-22-IN3

Ontario LTB order in Toronto · January 2, 2024 · Dismissed

🕑 Case timeline

Application Date: Not Available

Hearing Date: Not Available

Order Issued: January 2, 2024

Termination Date: Not Available

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-T-073063-22-IN3
Address: 28 Lindner Street, Toronto, ON M6N2Z8
Form Used: N13
Amount Awarded: $35,000.00
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 16.1

👥 Parties involved

Landlord: Frank ieraci
Landlord Rep: Self Represented
Tenant: Misty parsons
Tenant Rep: Self Represented
Adjudicator: Sonia Anwar-Ali
Keywords: non-payment of rent, interference with reasonable enjoyment, harassment, withholding vital services, rent arrears

⚖️ Decision summary

This Tenant application — Eviction for non-payment of rent — was dismissed.

📑 Findings & determinations

It is ordered that: 1. The Landlord shall forthwith complete the repairs to the rental unit. 2. The Landlord shall return vacant possession to the Tenant as soon as the unit is habitable and continue the tenancy at the same monthly rent charged had the tenancy not been interrupted. 3. On or before January 3, 2024, and until the repairs to the rental unit are completed, the Landlord shall ensure that the Tenant is provided with a hotel room or another rental unit that is pet-friendly at no expense to the Tenant. 4. If the Landlord fails to comply with paragraph 2 of this order, the Tenant may file this order with the Court Enforcement Office (Sheriff) so that the order directing the Landlord to return possession to the Tenant may be enforced. The Tenant is entitled to deduct from the rent any fee charged by the Court Enforcement Office (Sheriff) for this service. 5. Upon receipt of this order the Court Enforcement Office (Sheriff) is directed to give possession of the rental unit to the Tenant on an expedited basis. File Number:LTB-T-073063-22-IN3 Order Page7of7 6.If the Landlord fails to comply with paragraph 3 of this order, the Board may consider levying a $1,000.00 fine per day, up to $35,000.00 maximum (LTB jurisdiction), or until the Landlord complies. 7.The hearing is adjourned to a date to be scheduled by the LTB. This application application LTB-T-036939-22. 8.Should the Tenant wish to amend their applications, they must do so on or before January 31, 2024and ensure a copy of the amended application is served to the 9.As soon as possible and no later than TENdays pr...

💡 Summary points

applied for an order determining that Frank Ieraci (the 'Landlord'): altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys. substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household. harassed, obstructed, coerced, threatened or interfered with the Tenant. withheld or interfered with their vital services or care services and meals in a care home. This application was heard by videoconferenceonFebruary 3, 2023.
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🧑‍⚖️ Same adjudicator

Sonia Anwar-Ali

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