Landlord Loses Eviction Case: Brunato v Penner 2022
LTB Denies Landlord's Eviction Bid in Leamington Case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
636 Highway 77, Leamington, ON N8H3V8
Decision in favor of
tenant
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Aug 2021
Order Date
Jan 7, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the Landlord's lawful rights, privileges or interests because the Tenant failed to maintain the residential property and caused financial harm to the Landlord as a result of a municipal work order to clean up the property and by accumulating further debris on the property.
Determinations
- Landlord issued Work Order by municipality
- Landlord served valid N5 Notice
- Tenant did not void notice
- Tenant has not fully cleaned up property
- Tenant has removed old vehicles, tires and debris
- Tenant has two working tractors on property
Case Study
The Landlord's application for eviction is denied on condition that the Tenant clean the property so that it complies with the Work Order issued by the City of Leamington. The Tenant shall maintain the property in a state of cleanliness and free of debris such that it complies with the Land Maintenance By-Law for the Municipality of Leamington for a period of twelve months from the date of issue of this order. If the Tenant fails to comply with the conditions, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Arguments and Actions
Landlord
Actions
Landlord provided evidence that the property is littered with debris and has been since they purchased the property, with as many as 150 to 200 tires. Landlord suggested the Tenant is using the property as a commercial business. Landlord is concerned about the leakage of oil and other mechanical liquids seeping into the ground.
Tenant
Actions
Tenant admitted to having tires and performing maintenance on his tractors. Tenant testified there are only two tractors on the property and are in working order. Tenant stated the derelict vehicles are no longer on the property and all the tires have been removed.
Decision Summary
The Landlord's application for eviction is denied on condition that the Tenant clean the property so that it complies with the Work Order issued by the City of Leamington. The Tenant shall maintain the property in a state of cleanliness and free of debris such that it complies with the Land Maintenance By-Law for the Municipality of Leamington for a period of twelve months from the date of issue of this order. If the Tenant fails to comply with the conditions, the Landlord may apply for an order terminating the tenancy and evicting the Tenant. The Tenant shall also pay the Landlord $186.00 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
32
Landlord Favorable
81.3%
Tenant Favorable
9.4%
Mutual Agreement
9.4%
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Financial Details
Lawful Rent
$300
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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