Tenant Wins: Garbage Accumulation Not Grounds for Eviction
Landlord's eviction attempt dismissed due to lack of evidence of serious safety impairment from tenant's garbage accumulation
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 57 1/2 Hunter St E, Peterborough, ON K9H1G4
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Aug 2024
Order Date
Sep 4, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to serious safety impairment, wilful damage, and inconsistent use of residential premises, primarily related to excessive garbage accumulation in the rental unit.
Determinations
- N7 Notice grounds for wilful damage and inconsistent use were invalid
- Only serious safety impairment ground remained
- Insufficient evidence to prove serious safety impairment
Case Study
The LTB member found that the N7 Notice lacked sufficient details for grounds of wilful damage and inconsistent use, limiting the application to serious safety impairment.
Arguments and Actions
Landlord
Arguments
Garbage accumulation constitutes safety hazard and grounds for eviction
Actions
Landlord inspected unit and found excessive garbage posing potential fire hazard
Procedural Errors
Insufficient evidence and details in N7 Notice
Tenant
Actions
Tenant had large amounts of garbage and clutter in the rental unit
Aggravating Factors
Excessive garbage accumulation in rental unit
Decision Summary
The Landlord's application was dismissed due to insufficient evidence proving serious safety impairment from the accumulation of garbage in the rental unit.
Reason for Eviction Relief
Insufficient evidence of serious safety impairment
Adjudicator Details
LTB Member
Total Orders
58
Landlord Favorable
89.7%
Tenant Favorable
8.6%
Mutual Agreement
1.7%
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