Last updated: September 12, 2024
Ordered by Lisa Del Vecchio,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Conditional Order
Ordered Amount
$159
to Landlord
Agree with the ruling?
Citation: Homestead Land Holdings Limited v Garbe, 2023 ONLTB 65095
File Number: LTB-L-052766-22, LTB-L-036643-23
Application Date
Dec 2022
Hearing Date
Aug 2023
Order Date
Oct 4, 2023
The landlord was granted a conditional order. The tenant must ensure the rental unit is in a state of ordinary cleanliness and free of clutter and excess items by October 15, 2023, and maintain it as such going forward. The tenant must also remove any heaters, propane tanks, or bicycles from the balcony and allow access for pest control treatment. If the tenant fails to comply with the conditions, the landlord can apply for termination of the tenancy without notice to the tenant.
The tenant receives ODSP for a brain injury and has lived in the unit since 2018. The tenant has cleaned up the unit in the past and just requires additional time to do so again.
The landlord applied for an order to terminate the tenancy and evict the tenant due to the tenant substantially interfering with the reasonable enjoyment or lawful rights, privileges or interests of the landlord or another tenant. The landlord alleged the tenant failed to cooperate with pest control treatment and maintain the rental unit in a clean and clutter-free condition.
The landlord's representative argued this was the second conditional order given to the tenant, and if the tenant does not comply, the landlord can file without notice to the tenant for termination of the tenancy.
The landlord submitted photos showing the condition of the rental unit and stated the tenant has failed to cooperate with pest control treatment and maintain the unit in a clean and clutter-free condition.
The tenant acknowledged the current state of the rental unit and the need to remove items and declutter. The tenant's girlfriend stated they have a storage unit and have been slowly bringing things to the apartment, and they just need time to remove any excess items.
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Application Fee
$186
Rent Deposit
$945
Deposit Interest
$27
Ordered Amount
$159 (to Landlord)
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