DK v MH
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: DK v MH, 2016 CanLII 44348
File Number: SWL-83510-15
Timeline
Hearing Date
Feb 2016
Order Date
Feb 26, 2016
Decision
The Landlord's application for eviction is denied on the condition that the Tenant removes the car shelter tent and all related items from the parking lot by March 2, 2016, and refrains from reinstalling it. The Tenant is ordered to pay $170.00 for the cost of filing the application. If the Tenant fails to comply with the conditions, the Landlord may apply for an order terminating the tenancy within 30 days of the breach.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with reasonable enjoyment or lawful right of the Landlord or another tenant. The dispute centered around a car shelter tent the Tenant installed in the parking lot, which the Landlord claimed was causing issues with parking, snow removal, and safety.
Determinations
- Notice of Termination (N5) was properly served
- Tenant's car shelter tent substantially interfered with Landlord's and other tenants' reasonable enjoyment
- Tenant failed to remove tent as agreed
- Tenant entitled to one parking space under tenancy agreement
- Landlord has right to return to strict terms of tenancy agreement
Landlord's Arguments
Arguments
Landlord argued that the tent's presence substantially interfered with the reasonable enjoyment of the property by reducing parking spaces and impeding snow removal.
Actions and Evidence
Landlord initially allowed the tent temporarily as a favor to the Tenant but later asked for its removal before winter for snow removal purposes.
Tenant's Arguments
Arguments
Tenant argued that he should not have to remove the tent and claimed he did not receive the Notice of Termination.
Actions and Evidence
Tenant installed a car shelter tent in the parking lot, refused to remove it when asked, and claimed he needed it for 'weekly maintenance' on his vehicle. Tenant also ran an extension cord across the parking lot to the tent.
Need assistance from an expert?
Similar Cases
Latest Insights from Our Blog
Stay informed with expert analysis on rental law, tenant rights, and LTB decisions
Brampton LTB Paralegals for Landlords: How to Find the Right Legal Help (2026 Guide)
Need a landlord paralegal in Brampton? Learn what licensed paralegals do at the LTB, how they help with evictions and rent arrears, and meet Peel Region professionals ranked by real case records.
Brampton Tenant Paralegals: How to Find LTB Representation and Defend Your Rights (2026)
Facing eviction or landlord harassment in Brampton? Learn what tenant paralegals do at the LTB, when to hire one, and meet Peel Region advocates ranked by real tribunal records.
London, Ontario LTB Paralegals for Landlords: How to Find the Right Legal Help (2026 Guide)
Need a landlord paralegal in London, Ontario? Learn what licensed paralegals do at the LTB, how they help with evictions and rent arrears, and meet Southwestern Ontario professionals ranked by real case records.
Need Legal Help? We've Got You Covered
Whether you need to find qualified legal professionals or post your specific legal needs to get competitive quotes, our platform connects you with the right help.
Find Legal Professionals
Browse our directory of verified paralegals and lawyers specializing in Ontario rental law and LTB matters.
Browse ProfessionalsPost Your Legal Needs
Describe your legal situation and receive competitive quotes from qualified professionals in our marketplace.
Post a BountyJoin thousands of Ontarians who have found legal help through our platform