Landlord Wins Eviction Case Against Tenant Running Illegal Pet Store: Kingston & Frontenac Housing Corp v Lapointe 2021
Landlord granted eviction order against tenant running illegal pet store breeding snakes, rats and mice out of rental unit
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 300 Conacher Drive, Kingston, ON K7K5T6
Decision in favor of
landlord
Balance Owed to Landlord
$1,200
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Nov 2020
Order Date
Nov 23, 2021
Tenancy End Date
Dec 2021
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to willful or negligent damage to the rental unit and substantial interference with the Landlord's lawful rights, privileges or interests. The Landlord alleged the Tenant was operating an unauthorized commercial business involving the breeding and sale of snakes, rats and mice out of the rental unit, which caused damage, odor, and unsanitary conditions.
Determinations
- N5 notice was valid
- Tenant did not void notice
- Tenant operating unauthorized commercial business in unit
- Tenant failed to comply with order to remedy issues
- Tenant remains in possession of unit
Case Study
The Tenant did not void the N5 notice within the voiding period, and the presence of the animals, smell, lack of cleanliness, and commercial breeding operation in the unit substantially interfered with the Landlord's lawful rights. While the cost to replace the damaged door was reasonable, the Tenant was not responsible for that damage as it was caused by police action, not the Tenant or their guests.
Arguments and Actions
Tenant
Actions
Tenant was operating an unauthorized commercial business involving the breeding and sale of snakes, rats and mice out of the rental unit, causing damage, odor, and unsanitary conditions.
Decision Summary
The tenancy is terminated effective December 4, 2021. The Tenant must vacate the unit by that date, or the Landlord may file the order with the Sheriff to enforce the eviction.
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
Damages
$1,200
Total Owing
$1,200 (Owed to Landlord)
Source
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