Pickett v Denisson: Eviction for Smoking Violation in Windsor, ON
Scarborough tenants evicted for non-payment of rent, owe $5822 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 2486 Rivard Avenue, Windsor, ON N8T2H2
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jan 2023
Order Date
Mar 13, 2023
Tenancy End Date
Apr 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Tenant did not comply with a condition in a previous Board consent order prohibiting smoking in the rental unit.
Determinations
- Guest smoked cigarettes inside the rental unit, breaching previous consent order
- Landlord received complaints about ongoing smoking for approximately six years
- Occupant (CD) unable to ensure guests refrain from smoking inside the unit
- Tenant does not occupy the rental unit
- Tenant's son (CD) is an occupant of the rental unit
- Two tenants had previously terminated their tenancies due to second-hand smoke
Case Study
The Tenant could have potentially avoided eviction by ensuring strict compliance with the no-smoking condition and providing evidence of efforts to find alternative accommodation. The Tenant's lack of first-hand knowledge about activities in the unit and inability to control guests' behavior weakened their case.
Arguments and Actions
Landlord
Arguments
Landlord argued for termination based on breach of previous Board consent order.
Actions
Landlord and witness testified to smelling second-hand smoke from the rental unit. Landlord reported complaints from other residents and loss of tenants due to smoking.
Tenant
Arguments
Tenant argued that smoking with one's hand outside a window is not smoking indoors.
Actions
Tenant does not reside in the rental unit. Tenant's son (CD) is the occupant. CD admitted that his girlfriend smoked inside the unit.
Aggravating Factors
Continued breach of no-smoking condition despite previous Board order
Decision Summary
The tenancy is terminated, and the Tenant and occupants must vacate the rental unit by April 30, 2023. The Board postponed the enforcement of the eviction to allow time for the Tenant and occupant to find new accommodations.
Adjudicator Details
LTB Member
Total Orders
611
Landlord Favorable
83.8%
Tenant Favorable
6.7%
Mutual Agreement
9.5%
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Financial Details
Lawful Rent
$1,100
Source
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