2726638 Ontario Inc. v Alfred-Duggan - LTB Ruling on Tenant Hoarding
Toronto landlord granted conditional relief from evicting tenant with hoarding issues, tenant given time to clear clutter and provide fire safety access
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 310 Roncesvalles Avenue, Toronto, ON M6R2M5
Dispute resolved in
agreement
Balance Owed to Landlord
$7,053
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Nov 2023
Hearing Date
Apr 2024
Order Date
Jun 14, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Landlord served valid N5 Notice
- Tenant did not void notice within 7 days
- Tenant's unit was cluttered and posed fire hazard
- Tenant ordered by Fire Dept to clear unit by April 15, 2024
- Tenant failed to comply with Fire Dept order
Arguments and Actions
Tenant
Actions
Tenant acknowledged the issue with the cluttered unit and stated she is now getting support to address the hoarding problem.
Decision Summary
The Landlord's application is granted, but the tenancy is preserved subject to conditions. The Tenant has until July 31, 2024 to clear the unit of clutter and provide access to fire safety equipment. If the Tenant fails to comply, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Reason for Eviction Relief
The Tenant is a vulnerable person dealing with hoarding issues and has now connected with supports to address the issue. The Tenant will be given time to bring the unit to a safe condition.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$1,348
Application Fee
$186
Rent Deposit
$1,342
Deposit Interest
$32
Other Owed Amount
$6,867
Compensation for use of unit from Nov 16, 2023 to Apr 18, 2024
Total Owing
$7,053 (Owed to Landlord)
Source
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