UPDATE ON 39 RIVERWOOD PARKWAY
It Pays to Know Your Tenant Rights
Update on 39 Riverwood Parkway
Tenants seek rent rebate for losing balconies: Fiorito- Toronto Star reporter- Link to full story-
Outcome of Case for the removal of apartment balconies - 10% rent abatement
Landlord and Tenant Board orders a 10% Rent Abatement. For full hearing details on case please click on the following link-
Case for removal of apartment balconies. TST-55144-14 (Re), 2015 CanLII 11809 (ON LTB)
Landlord and Tenant Board Summary-
It is ordered that:
1. The lawful monthly rent charged for each Tenant is reduced by 10% effective September 6, 2013, meaning:
i) The Landlord shall refund to the Tenants 10% of the rent paid for the period September 6, 2013, to February 28, 2015; and
ii) The Tenants are authorised to deduct 10% from the rent they formerly were required to pay starting March 1, 2015, on an ongoing basis.
2. The Landlord shall also pay to the Tenants $85.00 for their cost of filing the application.
3. If the Landlord does not pay the Tenants the full amount owing to them for costs and for the rent reduction for the period ending February 28, 2015, by March 3, 2015, the Landlord will start to owe interest.This will be simple interest calculated from March 4, 2015, at 3.00% annually on the balance outstanding.
4. The Tenants have the right, at any time, to collect the full amount owing or any balance outstanding under this order.
February 20, 2015 _______________________
Date Issued Ruth Carey
Member, Landlord and Tenant Board
Toronto South-RO
79 St. Clair Avenue East, Suite 212, 2nd Floor
Toronto ON M4T1M6
If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234.
Second Case
Update on 2779 Yonge Street
Yonge St. tenants still without heat after 5 weeks -
Landlord and Tenant Board orders landlord to pay up. For full hearing details on case please click on the following link-
Case of no heat. Yonge Street landlord ordered to pay up.
Landlord and Tenant Board Summary-
It is ordered that:
1. The Landlord shall pay or abate to each Tenant the following:
i) 100% abatement of rent for two months of rent if paid, for the months of March, 2014 and April, 2014. If these two months ofrent were not paid, then the equivalent of two months of rent are not to be claimed by the Landlord as arrears, and,
ii) The sum of $200.00 based on the best documented and average increased heating bills during the timeframe in question, with the exception of LS, who is to receive the sum of $500.00, and,
iii) The sum of $750.00 in general damages.
iv) Those Tenants who paid for up to one week’s hotel accommodation at the B. W. Hotel with the proceeds of their payment to the trust fund or out of their own funds, as follows: .
v) AG: the sum of $840.56
vi) MH: $847.50.
vii) IG and LS: the sum of $607.75
viii) MO: the sum of: $197.95
ix) RR: the sum of $647.21.
x) JA: the sum of $765.10
xi) CM: the sum of $222.88.
2. The Landlord shall also pay the Tenants’ representative Lisa Feinberg, (LF), in trust, the $55.00 for the cost of filing the multi-Tenant application.
3. The Landlord shall pay the Tenants the full amount owing by September 30, 2014.
4. If the Landlord does not pay the Tenants the full amount owing by September 30, 2014 the Landlord will owe interest. This will be simple interest calculated from October 1, 2014 at 3.00% annually on the outstanding balance.
5. Alternatively, if the Landlord does not pay each Tenant the full amount owing by September 30, 2014, the Tenants may deduct the balance outstanding from their monthly rent owing as of October 1, 2014, until the full amount is realized.
6. The Tenants have the right, at any time, to collect the full amount owing or any balance outstanding under this order.
7. The Board shall pay out to the following Tenant the sum paid by him still remaining in the trust fund: (AM), the sum of $1,218.84, plus any accrued interest.
8. If a party wishes to seek the Board’s assistance in sorting out the assignment of abatements, compensation or trust fund proceeds to any particular Tenants, the party may request, in writing, that the hearing be reconvened. The hearing can be reconvened only on the basis of sorting out any offsets already imposed by the Board. No new grounds for offsets can be considered via the reconvening process. The Board will then reconvene the hearing with notice to all parties. The deadline to make this request is November 30, 2014. I will remain seized of all reconvened hearings.
September 10, 2014 _______________________
Date Issued Joseph Berkovits
Member, Landlord and Tenant Board
Toronto North-RO
47 Sheppard Avenue East, Suite 700, 7th Floor
Toronto ON M2N 5X5
If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234.
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