Last updated: February 17, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$201
to Landlord
Agree with the ruling?
Citation: Finch Main Gardens (West) Limited v Fsehay, 2024 ONLTB 66710
File Number: LTB-L-014814-23
Application Date
Jan 2023
Hearing Date
Dec 2023
Order Date
Sep 27, 2024
The Landlord proved the grounds for termination of the tenancy, but the tenancy will continue on a conditional basis. The Tenant must not remove, obstruct, damage, cover, or tamper with the smoke detector in the rental unit. If the Tenant fails to comply, the Landlord may apply to terminate the tenancy and evict the Tenant. The Tenant must pay the Landlord $201 for the cost of filing the application.
Tenant's actions, while serious, do not show a pattern of complete disregard for safety, and the Tenant has requested a conditional order which would be appropriate in the circumstances.
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant covering the smoke detector in the rental unit with a plastic bag, which the Landlord alleged was an illegal act and seriously impaired the safety of the Tenant, other tenants, and the Landlord.
Landlord argued the Tenant's actions were an illegal act and seriously impaired the safety of others, and requested termination of the tenancy.
Landlord testified that the Tenant has a history of tampering with the smoke detector, including two previous N5 notices.
Tenant argued the Landlord did not prove the grounds for termination and requested the application be dismissed, or alternatively, a conditional order.
Tenant covered smoke detector with plastic bag while painting, stating he would be right back and his brother-in-law was present.
Need assistance from an expert?
Application Fee
$201
Ordered Amount
$201 (to Landlord)
Click to switch between order outcomes
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.
Landlord wins LTB case against Mississauga tenants for non-payment of rent, tenancy terminated and tenants ordered to pay over $13,000.
Toronto tenant faces eviction for non-payment of $5,436 in rent arrears.
