Last updated: July 22, 2024
Ordered by Harry Cho,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
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Citation: Pickett v Denisson, 2023 ONLTB 23884
File Number: LTB-L-072970-22
Hearing Date
Jan 2023
Order Date
Mar 13, 2023
Tenancy End Date
Apr 2023
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.
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.
Landlord argued for termination based on breach of previous Board consent order.
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 argued that smoking with one's hand outside a window is not smoking indoors.
Tenant does not reside in the rental unit. Tenant's son (CD) is the occupant. CD admitted that his girlfriend smoked inside the unit.
Continued breach of no-smoking condition despite previous Board order
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