Landlord and Tenant Reach Agreement on Smoking Violations in Cambridge: Van Iersel Properties Inc. v Pope 2024
Landlord and tenant reach agreement on smoking violations in Cambridge rental unit
Summarized by RentZenLast updated: August 6, 2024
Case Summary
4 Queen St W, Cambridge, ON N3C1G1
Dispute resolved in
agreement
Balance Owed to Landlord
$93
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Jan 2024
Order Date
Feb 12, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant.
Determinations
- Tenant shall refrain from smoking inside the rental unit, and/or in the common areas of the residential complex, and/or 9-feet from any entrance, exit or window.
- If the Tenant fails to comply with the conditions, the Landlord may apply under section 78 of the Residential Tenancies Act, 2006 for an order terminating the tenancy and evicting the Tenant.
- Tenant shall pay $93.00 to the Landlord for the cost of filing the application.
- If the Tenant does not pay the full amount owing by February 15, 2024, the Tenant will start to owe interest at 7.00% annually on the balance outstanding.
Case Study
The tenancy continues if the Tenant meets the conditions set out in the order. The Landlord may apply under section 78 of the Residential Tenancies Act, 2006 for an order terminating the tenancy and evicting the Tenant if the Tenant fails to comply with the conditions.
Decision Summary
The tenancy between the Landlord and the Tenant continues if the Tenant meets the conditions set out in the order. The Landlord may apply under section 78 of the Residential Tenancies Act, 2006 for an order terminating the tenancy and evicting the Tenant if the Tenant fails to comply with the conditions.
Adjudicator Details
LTB Member
Total Orders
8
Landlord Favorable
37.5%
Tenant Favorable
0.0%
Mutual Agreement
62.5%
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Financial Details
Application Fee
$93
Total Owing
$93 (Owed to Landlord)
Source
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