Last updated: November 3, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Dispute resolved in
Agreement
Ordered Amount
$186
to Landlord
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Citation: 2290895 ONTARIO INC v Farrell, 2024 ONLTB 26318
File Number: LTB-L-043568-23
Application Date
Apr 2023
Hearing Date
Apr 2024
Order Date
Apr 18, 2024
The Landlord has proven a ground for termination of the tenancy due to the unsafe installation of the washer and dryer. However, the Tribunal granted relief from eviction subject to the Tenant correctly reinstalling the washer and dryer or removing them by May 18, 2024. The Landlord's claim for $18,645 in damages was not supported by sufficient evidence.
The Landlord's main concern about the washer and dryer relates to safety and this can be reasonably addressed without evicting the Tenant who has other been a long-standing tenant.
Landlord applied for an order to terminate the tenancy and evict the Tenant due to substantial interference with the Landlord's reasonable enjoyment and undue damage to the rental unit. The Landlord alleged the Tenant caused excessive noise, removed smoke detectors, and improperly installed a washer and dryer. The Landlord also claimed compensation for the cost of repairs.
Landlord testified that he entered the unit the next morning with the Police to see the damage. The Landlord testified the Tenant was very aggressive and despite calling the Landlord the night before seemed unconcerned about the damage to the unit.
The Landlord failed to check off any of the boxes in the N5 notice which inform the Tenant that they may choose to either repair the damage, replace the property or pay to the Landlord the costs of repairing or replacing the damaged property.
Tenant testified that she was shocked when a Police Office and her Landlord came into her unit early the next morning after the bathtub overflow. The Tenant disputes the extent of the damage and showed pictures of before and after the flood that showed minimal differences in the ceiling tiles.
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Application Fee
$186
Ordered Amount
$186 (to Landlord)
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