Homestead Land Holdings Limited v McNamara - 2024 LTB Ruling
Landlord granted conditional order against tenant for property damage and interfering with landlord's rights in Kingston rental dispute
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 16 Leroy Grant Dr, Kingston, ON K7K6W5
Decision in favor of
landlord
Balance Owed to Landlord
$7,446
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Jun 2024
Order Date
Jul 5, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's behavior substantially interfering with the Landlord's or another tenant's reasonable enjoyment of the residential complex, and the Tenant wilfully or negligently causing damage to the rental unit or the residential complex. The Landlord alleged incidents of dog feces on the balcony, damage to the rental unit, the Tenant pulling a fire alarm, and the Tenant refusing access for pest control treatments.
Determinations
- Landlord served valid N5 Notice
- Tenant failed to void notice by correcting behavior and paying costs within 7 days
- Tenant's behavior substantially interfered with Landlord's or another tenant's reasonable enjoyment
- Tenant wilfully or negligently caused damage to the rental unit
Case Study
The Landlord proved on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. However, the Landlord did not seek a termination of the tenancy and eviction but instead sought a conditional order.
Arguments and Actions
Tenant
Actions
Tenant refused access to the rental unit for pest control treatment, pulled the fire alarm without cause, and caused damage to the rental unit.
Decision Summary
The Landlord proved the grounds for termination of the tenancy and the claim for compensation. However, the Landlord was granted a conditional order instead of a termination of the tenancy and eviction. The conditions include the Tenant allowing pest control access, monthly inspections, ensuring no dog feces on the balcony, and paying the Landlord $1,467.24 for damages and costs. If the Tenant fails to comply with the conditions, the Landlord may apply to terminate the tenancy and evict the Tenant.
Reason for Eviction Relief
The Landlord requested a conditional order as opposed to a termination of tenancy. Considering the circumstances, it would not be unfair to grant relief from eviction subject to the conditions set out in the order.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
90.0%
Tenant Favorable
10.0%
Mutual Agreement
0.0%
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Financial Details
Application Fee
$186
Damages
$6,709
Other Owed Amount
$737
Cost of false fire alarm activation
Total Owing
$7,446 (Owed to Landlord)
Source
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