2290895 ONTARIO INC v Farrell - LTB Ruling on Unsafe Appliance Installation
Landlord granted conditional relief from evicting Collingwood tenant over unsafe washer and dryer installation
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 120 Birch St, Collingwood, ON L9Y2V3
Dispute resolved in
agreement
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Apr 2023
Hearing Date
Apr 2024
Order Date
Apr 18, 2024
Dispute Summary
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.
Determinations
- Landlord served valid N5 Notice
- Tenant voided portion of N5 notice related to noise and smoke detectors
- Landlord failed to properly notify Tenant about damage to kitchen cabinets
- Landlord did not provide sufficient evidence to justify $18,645 damage claim
- Washer and dryer installation was unsafe, causing substantial interference
Arguments and Actions
Landlord
Actions
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.
Procedural Errors
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
Actions
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.
Decision Summary
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.
Reason for Eviction Relief
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.
Adjudicator Details
LTB Member
Total Orders
5
Landlord Favorable
60.0%
Tenant Favorable
20.0%
Mutual Agreement
20.0%
Need assistance from an expert?
Sponsored
Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.