Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Application Date
Jan 2023
Hearing Date
Jan 2024
Order Date
Apr 26, 2024
The Landlord's application is dismissed. The Landlord did not prove that the Tenants or their occupants committed or permitted an illegal act in the residential complex.
Landlord applied to terminate the tenancy and evict the Tenants due to allegations that the Tenants or their occupants stole a remote control and sound system from the building's theater.
The Landlord argued that the N6 notice is valid, and that Guideline 10 specifically allows for multiple notices to be served for the same incident.
The Landlord's agent, Samuel Hui, testified that security camera footage showed two individuals entering the building's theater room, and that after the incident, the community manager inspected the theater and found the sound system and remote missing.
The Tenants argued that the Landlord served an N5 and an N6 notice for the same incident, which is confusing for the Tenants as one is voidable and one is not.
Majed Farhad, the Tenant's son, testified that the individuals in the video were friends of the support worker Ashley, who had been staying in the unit, and that he asked Ashley to leave after being informed of the theft.
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