Tenant Wins Motion to Set Aside Eviction Order in Muskoka Rental Dispute: The District Municipality of Muskoka v Newell 2024

Dispute Summary

The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant did not meet a condition specified in the order issued by the LTB on May 23, 2023 with respect to application LTB-L-032183-23. The Tenant filed a motion to set aside the order issued on December 7, 2023.

Determinations

• Consent order LTB-L-032183-23 required the Tenant to maintain the rental unit in an ordinary state of cleanliness until December 31, 2023 and permit the Landlord to inspect the unit on 24 hours written notice.
• The Landlord filed the L4 application stating the Tenant has breached the order by having garbage everywhere in the yard.
• The evidence and testimony show that the Tenant was making progress. The photographs of the backyard show that there are an abundance of items in the yard, including old furniture, children's bikes and toys, and garbage bags that have been torn open, likely by animals.
• After considering all of the circumstances, I find that it would not be unfair to set aside order LTB-L-092525-23.

Arguments and Actions