Homestead Land Holdings Limited v Garbe - LTB Conditional Order for Tenant Interference
Landlord granted conditional order against tenant for interfering with enjoyment of rental property through clutter and denying pest control access
Summarized by RentZenLast updated: September 12, 2024
Case Summary
107 Afton Dr, Sarnia, ON N7S5B7
Decision in favor of
conditional order
Balance Owed to Landlord
$159
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Aug 2023
Order Date
Oct 4, 2023
Dispute Summary
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.
Determinations
- Landlord served valid N5 Notices
- Tenant did not correct issues within 7 days
- Tenant's conduct substantially interfered with landlord's and other tenants' reasonable enjoyment
- Tenant failed to maintain rental unit in clean and clutter-free condition
- Tenant failed to cooperate with pest control treatment
Case Study
The landlord served valid N5 Notices alleging the tenant's conduct substantially interfered with the landlord's and other tenants' reasonable enjoyment of the residential complex. The tenant failed to correct the issues within the required 7 days after receiving the notices. The accumulation of items in the rental unit and the tenant's failure to cooperate with pest control treatment substantially interfered with the landlord's lawful rights and interests.
Arguments and Actions
Landlord
Arguments
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.
Actions
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.
Tenant
Actions
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.
Decision Summary
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.
Reason for Eviction Relief
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.
Adjudicator Details
LTB Member
Total Orders
104
Landlord Favorable
78.8%
Tenant Favorable
12.5%
Mutual Agreement
8.7%
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Financial Details
Application Fee
$186
Rent Deposit
$945
Deposit Interest
$27
Total Owing
$159 (Owed to Landlord)
Source
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