Last updated: July 22, 2024
Ordered by Jim McMaster,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$186
to Landlord
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Citation: Corporation Of The County Of Wellington v Neary, 2022 CanLII 61458
File Number: CEL-04364-21
Order Date
Jan 17, 2022
Tenancy End Date
Jan 2022
The tenancy is terminated effective January 28, 2022, due to the Tenant's violation of a no-smoking condition from a previous order. The Tenant must vacate the unit by this date and pay $186.00 to the Landlord. If the unit is not vacated, the Landlord may file for eviction enforcement starting January 29, 2022.
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to meet a condition specified in a previous order issued by the Board. The condition prohibited smoking in the unit, residential complex, or within 5 metres of the building unless in a designated smoking area.
Landlord cited section 78 of the Residential Tenancies Act, 2006, to terminate the tenancy without notice due to Tenant's violation of the order's condition.
Landlord applied for termination based on Tenant's violation of a previous order's condition.
Tenant violated the no-smoking condition by smoking in the bedroom, which led to a serious fire on December 5, 2021, at 8:30 p.m.
Tenant's careless smoking caused a serious fire in the rental unit, endangering the property and potentially other residents.
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Application Fee
$186
Ordered Amount
$186 (to Landlord)
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