HURON GREEN INCORPORATED v Paquette and Clyde - 2023 ONLTB 54272
Landlord wins dispute over tenant's unauthorized boat storage and porch structure, but tenant granted conditional relief to avoid eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
134 Columbia Drive, Huron Park, ON N0M1Y0
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jul 2023
Order Date
Aug 11, 2023
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenants due to the Tenants storing a boat on the residential property and erecting a wooden structure on the porch, which the Landlord claims are in breach of the Tenant's lease agreement and substantially interfere with the Landlord's lawful rights, interests and privileges of the residential community.
Determinations
- Derek Clyde is no longer a Tenant and has vacated the rental unit
- Tenant is storing a boat on the residential property
- Tenant has erected a wooden structure attached to the front porch
- These actions are in breach of the Tenant's lease agreement
- Tenant's actions substantially interfere with the Landlord's lawful rights, interests and privileges of the residential community
Case Study
Although the Tenant claimed he had permission from a former employee to store the boat and erect the wooden structure, the documentary evidence submitted by the Landlord, including the lease agreement and the Landlord's Rules and Regulations, clearly prohibit these actions. The Tribunal prefers the documentary evidence over the Tenant's testimony and finds the Tenant is in breach of the lease agreement and the Landlord's Rules and Regulations.
Arguments and Actions
Landlord
Arguments
Tenant's actions breach lease agreement and substantially interfere with Landlord's rights
Tenant
Arguments
Tenant had verbal permission from former Landlord employee to store boat and erect structure
Actions
Tenant stored boat on property and erected wooden structure on porch
Decision Summary
The Landlord's application for eviction is denied, on the condition that the Tenant removes the boat from the rental property by September 30, 2023 and removes the flower lattice structure from the porch by August 31, 2023. The Tenant is also ordered to pay the Landlord $186.00 for the cost of filing the application.
Reason for Eviction Relief
Tenant can change behavior and come into compliance with Landlord's Rules and Regulations and lease conditions
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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