Lafleur v Wagner: Landlord-Tenant Dispute Over Dog Excrement
LTB Ruling: Landlord-Tenant Dispute Over Dog Excrement
Summarized by RentZenLast updated: July 22, 2024
Case Summary
72 Barbara Crescent, Kitchener, ON N2M4N2
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Order Date
Mar 25, 2022
Dispute Summary
The Landlords issued two N5 notices of termination to the Tenant alleging substantial interference due to issues related to dog excrement. The hearing Member found that the Tenant substantially interfered with the Landlords' and other tenants' reasonable enjoyment but granted conditional relief from eviction.
Determinations
- Hearing Member found Tenant substantially interfered with Landlords' and other tenants' reasonable enjoyment
- Hearing Member granted conditional relief from eviction, requiring Tenant to not leave dog excrement in the residential complex for 12 months
- Landlords have recourse under section 78 of the Act if Tenant does not abide by the condition
- Landlords issued two N5 notices of termination to the Tenant alleging substantial interference due to issues related to dog excrement
Case Study
The hearing Member was required to consider granting relief from eviction and to consider all of the prevailing circumstances, including that eviction is a remedy of last resort, the duration of the tenancy, and the Tenant's financial circumstances and the likely impact of an order terminating the tenancy and evicting the Tenant. The hearing Member's decision to grant conditional relief from eviction was within the range of reasonable, acceptable outcomes.
Decision Summary
The hearing Member found that the Landlords proved the ground of termination but provided relief from eviction on terms that provide the Landlords with recourse to the ex parte eviction process under section 78 of the Act if the Tenant does not abide by the condition of not leaving dog excrement in the residential complex for 12 months.
Adjudicator Details
LTB Member
Total Orders
721
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.4%
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