Landlord Wins Eviction Case Against Tenants with Numerous Pets - Fisher Kay Ltd. v Middlebrook
Landlord awarded $35000 in damages from tenants with numerous uncontrolled pets causing unsafe conditions
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 2004 Sheppard Ave W, North York, ON M3N1A1
Decision in favor of
landlord
Balance Owed to Landlord
$35,186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2023
Order Date
Dec 1, 2023
Tenancy End Date
Jan 2024
Dispute Summary
The Landlord applied to terminate the tenancy and evict the Tenants due to substantial interference with the Landlord's rights, damage to the premises, and serious impairment to safety. The Landlord alleged the Tenants were harboring numerous dogs and rabbits in unsafe and unsanitary conditions, causing damage exceeding $35,000. The Tenants denied causing any damage and claimed the Landlord failed to maintain the unit.
Determinations
- Landlord proved grounds for termination
- Tenants in possession on application date
- Application based on N5 and N7 notices
- Tenants harbored numerous dogs and rabbits in unsafe conditions
- Rental unit in deplorable state of cleanliness and clutter
- Damage to unit exceeds $35,000
- Clutter and debris created fire hazard and safety issues
- Tenants denied Landlord entry since 2022
Case Study
The Landlord provided sufficient evidence to prove the Tenants substantially interfered with the Landlord's rights, caused damage to the premises, and seriously impaired safety. The Tenants' claims of the Landlord's failure to maintain the unit were not supported by credible evidence. The Tenants' request to accommodate their disabilities by allowing the dogs was not sufficiently substantiated.
Arguments and Actions
Landlord
Arguments
Landlord proved Tenants substantially interfered with Landlord's rights, caused damage to premises, and seriously impaired safety.
Actions
Landlord's employees were intimidated and threatened by Tenants when attempting to inspect the rental unit.
Tenant
Arguments
Tenants claimed Landlord failed to maintain the rental unit and carry out requested repairs.
Actions
Tenants harbored numerous dogs and rabbits in unsafe, unsanitary conditions, causing damage exceeding $35,000. Tenants refused Landlord entry since 2022.
Aggravating Factors
Tenants refused entry to Landlord since 2022, creating undue hardship
Decision Summary
The tenancy is terminated effective January 31, 2024. The Tenants must pay the Landlord $35,000 for damage to the rental unit and $186 for the application filing fee by January 31, 2024. If the Tenants do not vacate by January 31, 2024, the Landlord may file the order with the Sheriff for enforcement starting February 1, 2024.
Reason for Eviction Relief
to give the long-term Tenants with disabilities and limited income more time to find alternative housing
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,800
Application Fee
$186
Rent Deposit
$1,749
Deposit Interest
$325
Damages
$35,000
Total Owing
$35,186 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.