Evictly

Sentongo v Mittelman

Landlord wins · Toronto · 2025-07-08

Adjudicator
Fabio Quattrociocchi
Dispute
Property Retrieval, Tenant Rights
Landlord
L.M.
Tenant
F.S.
Landlord rep
Bryan Rubin

What happened

The Tenant applied for an order determining that the Landlord failed to provide 72 hours for the Tenant to remove their property following an eviction by the Sheriff on November 6, 2024. The Tenant alleged that he attempted to contact the Landlord to retrieve furniture and appliances but was not granted access. The Landlord contended that he received messages from an unknown number and requested identification to ensure the property was released to the correct person, but the Tenant failed to identify himself for over a month.

The ruling

The Tenant's application was dismissed. The Board found that the Landlord did not breach the statutory requirement to provide a 72-hour retrieval window for belongings after eviction. The lack of access was attributed to the Tenant's failure to identify himself when communicating with the Landlord from a new, unrecognized telephone number.