SummerCo Properties Inc. v Mcrae: Unauthorized Appliance Use in Guelph Rental
LTB Case: Unauthorized Appliance Use in Guelph Rental Unit
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 353 Victoria Rd N, Guelph, ON N1E5J6
Decision in favor of
landlord
Balance Owed to Landlord
$401
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Nov 2022
Order Date
May 9, 2023
Dispute Summary
Landlord applied for termination of tenancy and eviction due to Tenant's substantial interference with reasonable enjoyment and lawful rights of Landlord and other tenants. Issues included unauthorized use of washer and dryer, improper electrical connections, and water damage to another unit.
Determinations
- Landlord gave valid first and second N5 notices
- Landlord incurred reasonable out-of-pocket expenses
- Landlord proved grounds for termination
- Relief from eviction granted with conditions
- Tenant was in possession on application date
- Tenant's actions caused substantial interference
Case Study
The Tenant's actions were found to substantially interfere with the Landlord's and other tenants' rights. The use of unauthorized appliances and improper electrical connections posed safety risks. The Tenant's continued use of the washer and dryer despite being informed of the issues was a significant factor in the decision.
Arguments and Actions
Landlord
Arguments
Landlord argued for eviction based on Tenant's statement that she wouldn't stop using the washer and dryer.
Actions
Landlord provided evidence of water damage to another unit and safety hazards caused by Tenant's actions.
Tenant
Actions
Tenant admitted to using a full-size washer and dryer in the unit and draining it into the sink. Tenant initially stated she would continue to use the appliances but later agreed to stop when informed of potential consequences.
Aggravating Factors
Continued use of washer and dryer despite being informed of safety risks and damage to other units.
Decision Summary
The tenancy continues subject to conditions. The Tenant must immediately stop using the washer and dryer in the rental unit. The Tenant is ordered to pay $400.50 to the Landlord for out-of-pocket expenses and application filing costs. If the Tenant breaches the conditions, the Landlord may apply for termination and eviction within 30 days of the breach.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Application Fee
$186
Damages
$215
Total Owing
$401 (Owed to Landlord)
Source
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