A.Z. v. M.B.S.
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: A.Z. v. M.B.S., 2018 CanLII 141519 (ON LTB)
File Number: TSL-00583-18
Timeline
Hearing Date
Nov 2018
Order Date
Nov 22, 2018
Decision
The Landlord's application was dismissed as the Landlord failed to establish grounds to terminate the tenancy.
Dispute
Landlord applied to terminate the tenancy and evict the Tenant due to substantial interference with reasonable enjoyment and damage to the premises.
Determinations
- Landlord did not prove the Tenant's dog damaged the cedar tree
- Tenant repaired the dog-dug holes before the N5 notice was served
- Landlord did not prove the garage clutter was a fire hazard or contributed to a pest control issue
- Dog bite did not occur on the residential premises and did not affect the Landlord or another tenant
- Landlord did not prove the Tenant owed $1,693.08 in unpaid utilities
- Landlord's statement about stress was too vague to serve as grounds for termination
Landlord's Arguments
Tenant's Arguments
Arguments
Tenant argued that the agreement allowing the dog to dig holes as long as she filled them in should be valid.
Actions and Evidence
Tenant's dog dug holes in the yard, which the Tenant filled in.
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