CAPREIT v Francis: Trampoline in Common Area Dispute 2024
Tenant ordered to remove trampoline from common area in rental complex due to safety concerns
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 1560 Bloor St, Mississauga, ON L4X1R8
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Hearing Date
Sep 2023
Order Date
Feb 21, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy due to the Tenant setting up an unauthorized trampoline in a common area, which poses safety and liability concerns.
Determinations
- Trampoline located in common area
- Area is accessible and not fenced
- Landlord has right to ensure safety of common areas
- Trampoline poses potential liability risk
Arguments and Actions
Landlord
Arguments
Common area is not part of tenant's rental unit, landlord has right to ensure safety
Actions
Sent email on July 18, 2022 requesting trampoline removal for safety reasons
Tenant
Arguments
No lease clause prohibiting trampoline, no by-law against it, no tenant complaints
Actions
Tenant set up trampoline in common area despite multiple warnings
Decision Summary
Tenant must remove trampoline from common area immediately. If not complied, Landlord can apply for termination of tenancy without notice.
Reason for Eviction Relief
Landlord seeking conditional order, not full termination
Adjudicator Details
LTB Member
Total Orders
104
Landlord Favorable
78.8%
Tenant Favorable
12.5%
Mutual Agreement
8.7%
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Financial Details
Lawful Rent
$1,576
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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