Last updated: December 14, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$186
to Landlord
Agree with the ruling?
Citation: 1020942 ONTARIO LTD v Wells, 2024 ONLTB 57521
File Number: LTB-L-005527-24
Hearing Date
Jun 2024
Order Date
Aug 8, 2024
The Landlord's application to terminate the tenancy and evict the Tenant is granted, but the Adjudicator has granted relief from eviction subject to conditions. The Tenant must refrain from disconnecting or tampering with the smoke detector, and must pay the $186 application filing fee by August 19, 2024. If the Tenant fails to comply with these conditions, the Landlord may apply to terminate the tenancy without notice to the Tenant.
Eviction is a remedy of last resort, and the Adjudicator found that it would not be unfair to grant relief from eviction subject to conditions, considering the Tenant's circumstances and the contributing factors to the Tenant's actions.
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant disconnecting the smoke detector, which the Landlord alleges seriously impaired the safety of others in the residential complex.
Landlord testified the Tenant regularly tampers with the smoke detector, and on January 17, 2023, the Tenant disconnected the smoke detector, resulting in the Landlord having to pay a fine for violating the fire code.
Tenant admitted to disconnecting the smoke detector, but claimed it was due to the alarm being triggered by smoke from the neighboring commercial unit.
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Application Fee
$186
Ordered Amount
$186 (to Landlord)
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