Starlight Canadian Residential Growth Fund v Baugio: Pest Control Interference Case
Scarborough tenants evicted for failing to prepare unit for pest control treatments
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 74 Curlew Dr, North York, ON M3A2R3
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2023
Order Date
Mar 22, 2023
Tenancy End Date
Apr 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with reasonable enjoyment and lawful rights of the Landlord and other tenants. The interference was related to the Tenant's failure to properly prepare the unit for pest control treatments and denying access for such treatments.
Determinations
- Landlord served valid N5 Notice on February 16, 2022
- Relief from eviction was not granted under subsection 83(1) of the Act
- Tenant did not void the N5 notice within the 7-day period
- Tenant repeatedly failed to fully prepare unit for pest control treatments
- Tenant's actions substantially interfered with Landlord's and other tenants' reasonable enjoyment
- Tenant's unit was only partially prepared for pest control treatment
Case Study
The Tenant could have avoided eviction by fully cooperating with pest control treatments and ensuring the unit was properly prepared for each scheduled treatment. The Tenant's repeated failure to prepare the unit and allow access for treatments led to the termination of the tenancy.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Tenant's actions substantially interfered with the reasonable enjoyment of the residential complex by the Landlord and other tenants.
Actions
Landlord made multiple attempts to conduct pest control treatments in the unit since August 2021.
Tenant
Actions
Tenant repeatedly failed to fully prepare the unit for pest control treatments, sometimes refusing entry or only partially preparing the unit.
Aggravating Factors
Repeated failure to prepare unit for pest control treatments and denying access for treatments
Decision Summary
The tenancy is terminated effective April 2, 2023, due to the Tenant's substantial interference with the Landlord's and other tenants' reasonable enjoyment by repeatedly failing to prepare the unit for pest control treatments. The Tenant must vacate the unit by April 2, 2023, and pay $186.00 to the Landlord for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
390
Landlord Favorable
85.6%
Tenant Favorable
7.2%
Mutual Agreement
7.2%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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