Landlord Wins Conditional Order in Orillia Tenant Safety Dispute: O'Leary v Carson 2021
Orillia landlord wins conditional order after tenant's cooking triggered fire alarm, but eviction denied
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 65 Front Street S, Orillia, ON L3V4S2
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jun 2021
Order Date
Aug 30, 2021
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant's behaviour seriously impairing the safety of another person. The Landlord alleged the Tenant disabled the smoke detector in the rental unit and left food unattended on the stove, triggering a 911 call.
Determinations
- Tenant is in possession of the rental unit
- Landlord served N7 Notice alleging Tenant's behaviour seriously impaired safety
- Smoke detectors in the residential complex are interconnected
- Tenant fell asleep while cooking, triggering a 911 call about potential fire
- Preponderance of evidence indicates Tenant disabled smoke detector
- Tenant's actions put other tenants' safety at risk
- Termination of tenancy is a remedy of last resort
- Conditional order sufficient to address Landlord's rights
Case Study
The Landlord's application to terminate the tenancy and evict the Tenant is denied, subject to the Tenant complying with specific conditions regarding his behaviour. While the Tenant's actions were careless and negligent, there was no evidence of malice, and the tenancy can be saved without overly prejudicing the Landlord's interests.
Arguments and Actions
Tenant
Actions
Tenant fell asleep while cooking, triggering a 911 call about potential fire. Tenant denies disabling smoke detector, stating he removed it to find out why it wasn't going off.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenant is denied, subject to the Tenant complying with specific conditions regarding his behaviour. The Tenant must not tamper with or disable the smoke detector, and must not leave food/liquids unattended on the stove or in the oven. If the Tenant fails to comply, the Landlord may apply for an order terminating the tenancy and evicting the Tenant. The Tenant must also pay the Landlord $186 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
546
Landlord Favorable
92.1%
Tenant Favorable
2.9%
Mutual Agreement
5.0%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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