Landlord Wins Eviction Case Against Tenant with Fire Code Violations - Guelph Non-profit Housing Corporation v Glenn
Landlord wins eviction case against tenant with fire code violations in Guelph
Summarized by RentZenLast updated: July 22, 2024
Case Summary
6780 York Road, Guelph, ON N1E6A6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2021
Hearing Date
Dec 2021
Order Date
Jan 6, 2022
Tenancy End Date
Feb 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to meet a condition specified in a previous order issued by the Board. The Tenant filed a motion to set aside the order.
Determinations
- Inspection on July 15, 2021 found multiple fire code violations
- Subsequent inspection on October 25, 2021 found no meaningful improvements
- Tenant did not comply with fire order #3966-127 by July 11, 2021
- Tenant did not provide photos of unit as requested
- Tenant's unit poses fire hazard to other occupants
Case Study
The Tenant was in breach of the previous order by failing to comply with the fire inspection order. While the Tenant made some attempts to organize her unit, she did not utilize the programs and assistance offered by the Landlord in a timely manner. The Tenant's unit posed a fire hazard, demonstrating significant prejudice to the Landlord and other occupants. However, considering the Tenant's health, length of tenancy, and child, it would not be unfair to postpone lifting the stay until February 28, 2022 to provide the Tenant with time to organize her move and find alternative housing.
Arguments and Actions
Landlord
Arguments
Tenant has not made any appreciable changes since the previous order, and her unit poses a significant fire hazard.
Tenant
Arguments
Tenant is confident she corrected the issues, has a condition that makes organization difficult, and would be homeless and lose custody of her child if the order is not set aside.
Actions
Tenant spent time trying to ensure compliance by removing belongings and making egresses, but experienced difficulties sending photos of the unit.
Decision Summary
The motion to set aside the previous order is denied. The stay of the previous order is lifted on February 28, 2022, providing the Tenant with time to organize her move and find alternative housing.
Adjudicator Details
LTB Member
Total Orders
602
Landlord Favorable
88.0%
Tenant Favorable
6.2%
Mutual Agreement
5.8%
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