Duahn v Garbos - LTB Grants Conditional Relief from Eviction
LTB grants conditional relief to St. Thomas tenants facing eviction for yard waste violations
Summarized by RentZenLast updated: November 3, 2024
Case Summary
60 Redan St, St Thomas, ON N5P1T7
Dispute resolved in
agreement
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Sep 2023
Hearing Date
May 2024
Order Date
Jun 4, 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlords or another Tenants. The Landlords claimed the Tenants stored tires, construction material, garbage and debris around the yard at the property, which violated a City of St. Thomas by-law.
Determinations
- Landlords served valid N5 notice
- Tenants did not void notice by removing waste
- Tenants in possession on application date
- Landlords incurred $186 application fee
- No last month's rent deposit
Arguments and Actions
Landlord
Actions
Landlord received notice of violation and order to comply from city regarding waste in yard.
Tenant
Arguments
Tenant is 63 years old and on Ontario Works, making it difficult to remove items and afford disposal fees.
Actions
Tenant left tires, wheelbarrow, ladder and lawnmower in yard and driveway, in violation of city by-law.
Decision Summary
The Landlords proved the grounds for termination of the tenancy, but the Board found it would not be unfair to grant relief from eviction subject to conditions. The Tenants must remove any garbage, construction waste or materials from the yard and driveway by June 25, 2024 and not place any such items there for one year. If the Tenants fail to comply, the Landlords may apply for an eviction order. The Tenants must also pay the $186 application fee.
Reason for Eviction Relief
Tenant's age and financial hardship
Adjudicator Details
LTB Member
Total Orders
62
Landlord Favorable
91.9%
Tenant Favorable
4.8%
Mutual Agreement
3.2%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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