Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$186
to Landlord
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Citation: Lacelle v Belanger, 2024 ONLTB 68050
File Number: LTB-L-013186-24
Hearing Date
Sep 2024
Order Date
Sep 25, 2024
The Landlords' evidence was insufficient to establish the Tenant broke the window or left possessions in common areas. However, the Tenant's behavior in expropriating the exterior common area substantially interfered with the Landlords' lawful rights. A conditional order is granted, requiring the Tenant to remove the fire pit and possessions from the exterior area and refrain from placing personal items outside without consent. The Tenant must also pay the $186 application fee.
Landlords do not seek eviction and are content to let tenancy continue if behavior complained of ceases
Landlords applied for an order to terminate the tenancy and evict the Tenant due to substantial interference with the Landlords' reasonable enjoyment or lawful right, privilege or interest, and wilful or negligent damage to the premises. The Landlords also applied for an order requiring the Tenant to pay for the cost of repairing the damage.
Tenant asserts the exterior area is owned by the Legion, not the Landlords
Tenant denies breaking window, says possessions in common areas are not his, acknowledges exterior area but claims it is not Landlords' property
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Application Fee
$186
Ordered Amount
$186 (to Landlord)
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