Landlord Wins Eviction Case Against Tenant for Breach of Conditions - REX ENTERPRISES v Spring
Landlord wins eviction case against tenant for breaching conditions of previous LTB order, including smoke detector tampering and guests smoking in common areas
Summarized by RentZenLast updated: August 6, 2024
Case Summary
992 Eglinton Ave W, Toronto, ON M6C2C5
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
May 2023
Order Date
Jul 20, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Tenant failed to meet a condition specified in the order issued by the LTB on January 4, 2023 with respect to application LTB-L-076347-23. The Tenant filed a motion to set aside the order issued on March 22, 2023.
Determinations
- Tenant breached 2 conditions in previous order
- Tenant tampered with smoke detector
- Tenant permitted visitors to smoke in common area
- Tenant's claims about smoke detector not credible
- Tenant's ability to deter guests from smoking in common areas is lacking
- Ongoing violations by Tenant prejudicial to Landlord
- Further delay in eviction would be unduly prejudicial to Landlord
Case Study
The Tenant breached 2 conditions specified in the order issued by the Board on January 4, 2023, with respect to application LTB-L-076347-23. The Tenant tampered with the smoke detector inside the unit and permitted visitors to smoke in the common area hallway of the building. The Tenant's motion to set aside the order is denied.
Arguments and Actions
Tenant
Arguments
Tenant claimed smoke detector issues were due to roof repairs and denied knowledge of guests smoking in common areas.
Actions
Tenant tampered with smoke detector and permitted visitors to smoke in common areas.
Decision Summary
The Tenant's motion to set aside the order issued on March 22, 2023 is denied. The stay of the order is lifted immediately.
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
Need assistance from an expert?
Sponsored
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.