TM v PG and AE
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Agree with the ruling?
Citation: TM v PG and AE, 2015 CanLII 78024 (ON LTB)
File Number: SOL-61065-15
Timeline
Hearing Date
Aug 2015
Order Date
Aug 25, 2015
Decision
The Tenants are granted relief from eviction subject to the following conditions: 1) The Landlord or his designate shall inspect the unit by September 14, 2015 to verify that the soft furniture has been removed and the Tenants have reduced their pet ownership to 2 cats and 1 dog. 2) If the Tenants exceed the pet limit or the unit causes noxious odors, the Landlord may apply for immediate termination of the tenancy.
Dispute
Landlord applied to terminate the tenancy and evict the Tenants due to their failure to maintain the rental unit in an acceptable manner, leading to noxious odors that affected the commercial tenant below.
Determinations
- Tenants failed to correct the problem within the time period set out in the N5 Notice
- Tenants had an excessive number of pets that led to noxious odors
- Unit was professionally cleaned at a cost of $1,084.80 paid by a third party
- Tenants have reduced the number of pets to 5 cats and 1 dog
- Landlord produced emails from the commercial tenant complaining about the smell
- Landlord lost tenants due to the odor in the hallway
Landlord's Arguments
Actions and Evidence
Landlord produced emails from the commercial tenant complaining about the smell and its negative effect on his business. Landlord also testified about the smell and said he has lost tenants because of the odor.
Tenant's Arguments
Arguments
Tenants argued that there is no by-law limiting the number of cats they can have, and their ownership of 8 cats was not illegal.
Actions and Evidence
Tenants have an excessive number of pets and were not properly caring for them, leading to noxious odors. Tenants now have 5 cats and 1 dog.
Need assistance from an expert?
Similar Cases
Click to switch between order outcomes
Smith v Lee
An LTB order awards a Landlord unpaid water charges and filing fees after the Tenant vacates the rental unit.
The LTB dismissed a tenant's review request regarding a maintenance order, finding no serious errors in the original proceeding.
Kong v 2** Jarvis LP
The Landlord and Tenant Board denied the tenant's review request, confirming the dismissal of the tenant's applications for failing to comply with interim disclosure and amendment orders.
The LTB found the Landlord delayed in addressing a cockroach infestation, awarding the Tenant hotel expenses and filing fees, but permitted the Landlord to set off these amounts against larger debts owed by the Tenant under prior orders.
Smith v Lee
An LTB order awards a Landlord unpaid water charges and filing fees after the Tenant vacates the rental unit.
The LTB dismissed a tenant's review request regarding a maintenance order, finding no serious errors in the original proceeding.
Kong v 2** Jarvis LP
The Landlord and Tenant Board denied the tenant's review request, confirming the dismissal of the tenant's applications for failing to comply with interim disclosure and amendment orders.
The LTB found the Landlord delayed in addressing a cockroach infestation, awarding the Tenant hotel expenses and filing fees, but permitted the Landlord to set off these amounts against larger debts owed by the Tenant under prior orders.
Smith v Lee
An LTB order awards a Landlord unpaid water charges and filing fees after the Tenant vacates the rental unit.
The LTB dismissed a tenant's review request regarding a maintenance order, finding no serious errors in the original proceeding.
Kong v 2** Jarvis LP
The Landlord and Tenant Board denied the tenant's review request, confirming the dismissal of the tenant's applications for failing to comply with interim disclosure and amendment orders.
The LTB found the Landlord delayed in addressing a cockroach infestation, awarding the Tenant hotel expenses and filing fees, but permitted the Landlord to set off these amounts against larger debts owed by the Tenant under prior orders.
Smith v Lee
An LTB order awards a Landlord unpaid water charges and filing fees after the Tenant vacates the rental unit.
The LTB dismissed a tenant's review request regarding a maintenance order, finding no serious errors in the original proceeding.
Kong v 2** Jarvis LP
The Landlord and Tenant Board denied the tenant's review request, confirming the dismissal of the tenant's applications for failing to comply with interim disclosure and amendment orders.
The LTB found the Landlord delayed in addressing a cockroach infestation, awarding the Tenant hotel expenses and filing fees, but permitted the Landlord to set off these amounts against larger debts owed by the Tenant under prior orders.
C***** Barrientos v Sherritt
An LTB order dismisses a tenant's T2 application for substantial interference, maintenance failures, and harassment after finding the allegations unproven.
Kong v 2** Jarvis LP
The LTB denied the tenant's review request, finding no procedural unfairness or serious error in the original dismissal of the tenant's maintenance and service reduction applications.
Telli v Sterling Karamar Property Management
The Tenant withdrew their maintenance application at the hearing, and the LTB closed the file.
Boucetta v Metcap Living Management Inc.
The tenant's request for review of a maintenance order was dismissed because the adjudicator found no serious error in the original decision.
Latest Insights from Our Blog
Stay informed with expert analysis on rental law, tenant rights, and LTB decisions
The N7 Notice Filing Guide: Navigating Serious Safety Violations and Illegal Acts in Ontario
Master the N7 Notice to End Tenancy for Serious Impairment of Safety with this comprehensive guide covering legal requirements, evidence standards, and critical mistakes that lead to dismissed applications at the LTB.
When Payment Plans Fail: Understanding Breach of Conditional Orders and Second Chances at the LTB
Exploring what happens when tenants default on LTB-ordered payment plans, the strict consequences of breaching conditional orders, and the rare circumstances where further relief might be granted in Ontario.
The Eviction Process Demystified: Understanding N4, N5, N7, and Other Termination Notices in Ontario
A comprehensive guide to Ontario's eviction notice system, exploring the different types of termination notices, their requirements, common pitfalls, and how the LTB evaluates these critical legal documents.
Need Legal Help? We've Got You Covered
Whether you need to find qualified legal professionals or post your specific legal needs to get competitive quotes, our platform connects you with the right help.
Find Legal Professionals
Browse our directory of verified paralegals and lawyers specializing in Ontario rental law and LTB matters.
Browse ProfessionalsPost Your Legal Needs
Describe your legal situation and receive competitive quotes from qualified professionals in our marketplace.
Post a BountyJoin thousands of Ontarians who have found legal help through our platform