Hellenic Home for the Aged Inc. v Vrozos - LTB Conditional Order on Open Flame Candle Use
Landlord granted conditional order to terminate tenancy of elderly tenant using open flame candles, which posed fire safety risk to other residents in seniors' residence
Summarized by RentZenLast updated: October 13, 2024
Case Summary
302 11 Winona Dr, Toronto, ON M6G3Z8
Decision in favor of
conditional order
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jan 2024
Order Date
Apr 16, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's use of open flame candles in the rental unit, which the Landlord alleges seriously impairs the safety of others in the residential complex. The Landlord provided evidence of prior fire incidents related to the Tenant's use of candles, and expert testimony on the fire hazard posed by open flame candles. The Tenant acknowledged using the candles for religious purposes but agreed to stop using open flame candles after being served the notice.
Determinations
- Landlord served valid N7 notices
- Tenant had open flame candle burning in unit on June 29, 2021
- Prior fire in Tenant's unit in 2007 caused by candles
- Landlord has 'no open flames' policy to protect safety of elderly tenants
- Tenant's use of open flame candle seriously impairs safety of others
Arguments and Actions
Landlord
Arguments
Tenant's use of open flame candles seriously impairs the safety of others in the residential complex, and the Landlord is entitled to terminate the tenancy.
Actions
Landlord has a 'no open flames' policy in the residential complex due to the challenges of evacuating elderly tenants in the event of a fire. Landlord provided evidence of prior fire incidents related to the Tenant's use of candles.
Tenant
Arguments
Tenant seeks to preserve her tenancy due to her age, medical conditions, and long-term residency in the unit.
Actions
Tenant had an oil, open flame candle burning in her unit on June 29, 2021. Tenant has burned oil candles as part of her religious practices.
Decision Summary
The Landlord has proven the grounds for termination of the tenancy due to the Tenant's use of open flame candles, which seriously impairs the safety of others in the residential complex. However, a conditional order will be granted to allow the Tenant to preserve her tenancy if she complies with the conditions of not using candles and allowing the Landlord to inspect the unit quarterly.
Reason for Eviction Relief
Tenant is elderly, has medical conditions, and has resided in the unit for over 20 years
Adjudicator Details
LTB Member
Total Orders
798
Landlord Favorable
84.6%
Tenant Favorable
6.3%
Mutual Agreement
9.2%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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