Landlord Wins Eviction Case Over Tenant's Guest Throwing Garbage Down Closed Chute: Wilstar Management Ltd. v Yash Patel 2022
Landlord wins eviction case over tenant's guest throwing garbage down closed chute
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 24 Mabelle Avenue, Toronto, ON M9A4X8
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Aug 2021
Order Date
Jan 5, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant's guest threw garbage down a garbage chute that was closed for repairs, which the Landlord claimed seriously impaired the safety of a contractor working below.
Determinations
- Garbage chute was closed for repairs
- Landlord made reasonable attempts to notify tenants of closure
- Landlord served valid N7 Notice
- Tenant expressed remorse and desire to remain in unit
- Tenant has been a tenant for 3 years with no prior issues
- Tenant was unaware of chute closure
- Tenant's actions met 'serious impairment of safety' test
- Tenant's guest threw garbage down closed chute, risking contractor's safety
Case Study
The Landlord established that the Tenant's guest's actions of throwing garbage down the closed garbage chute posed a serious risk of harm to the contractor working below, which meets the test for termination of the tenancy under the Residential Tenancies Act. However, considering the Tenant's remorse, lack of prior issues, and desire to remain in the unit, the Tribunal granted relief from eviction subject to the Tenant complying with the Landlord's safety and security notices for 12 months.
Arguments and Actions
Tenant
Arguments
Tenant argued the notices about the chute closure were inadequate in terms of color, font size, wording, language, and graphics.
Actions
Tenant's guest threw garbage down the closed garbage chute, which risked the safety of the contractor working below.
Decision Summary
The Landlord's application to evict the Tenant is denied on the condition that for 12 months, the Tenant, persons living with the Tenant, or the Tenant's guests comply with the Landlord's written notices regarding safety and security. If the Tenant fails to comply, the Landlord may apply to terminate the tenancy. The Tenant must pay the Landlord $186 for the application filing fee.
Adjudicator Details
LTB Member
Total Orders
32
Landlord Favorable
81.3%
Tenant Favorable
9.4%
Mutual Agreement
9.4%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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