Ontario Aboriginal Housing v Rae and Payeur: Landlord Granted Relief from Eviction
Landlord granted conditional relief from eviction against tenants for smoking in Dryden
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 24 Duke Street, Dryden, ON P8N0A3
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Oct 2021
Order Date
Feb 18, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to their smoking in the rental unit and residential complex, which substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant.
Determinations
- Eviction is a remedy of last resort
- Landlord did not provide sufficient evidence of substantial interference
- Landlord provided opportunity to void first N5 notice
- Landlord served valid N5 notices
- Tenants did not attend hearing to make submissions
Case Study
The Landlord provided the Tenants with an opportunity to void the first N5 notice, but the Landlord did not provide sufficient documentary evidence to support that the Tenants' conduct substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. Eviction is a remedy of last resort, and the Tenants did not attend the hearing to make submissions. Therefore, the Tenants are granted relief from eviction, subject to the condition that they refrain from smoking in the rental unit and common areas.
Decision Summary
The Tenants are granted relief from eviction, subject to the condition that they refrain from smoking in the rental unit and common areas. If the Tenants do not correct their behavior and the Landlord can demonstrate substantial interference, the Landlord may apply to the Board for an order to terminate the tenancy and evict the Tenants.
Adjudicator Details
LTB Member
Total Orders
610
Landlord Favorable
84.3%
Tenant Favorable
8.7%
Mutual Agreement
7.0%
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