Last updated: September 12, 2024
Ordered by Richard Ferriss,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: LANARK COUNTY HOUSING CORPORATION v Fillion, 2023 ONLTB 65073
File Number: LTB-L-007365-22
Hearing Date
Sep 2023
Order Date
Sep 27, 2023
The landlord's application is dismissed because the landlord has not proven on a balance of probabilities the grounds for termination of the tenancy.
The landlord applied for an order to terminate the tenancy and evict the tenant because the tenant, another occupant, or someone the tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the landlord or another tenant.
Landlord argued that the tenant's behavior of parking in front of the maintenance garage constituted substantial interference.
Landlord gave the tenant an N5 notice of termination on July 20, 2021, alleging that the tenant tampered with the visitor's parking sign and behaved in an aggressive, abusive and harassing manner towards members of the community. Landlord also alleged that the tenant drove his car on the lawn of the residential complex and parked his car in front of the maintenance garage on July 20, 2021.
Tenant posted a note on his door on July 16, 2021 stating that he was refusing entry to the landlord. Tenant ultimately permitted the landlord's witness into the rental unit to complete the work for which the notice of entry was given.
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