lmrpr v Beaumont - LTB Ruling on Substantial Interference
Windsor landlord wins eviction case against tenants who allowed unsafe conditions and damage to rental unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
468 Glengarry Ave, Windsor, ON N9A1P9
Decision in favor of
landlord
Balance Owed to Landlord
$122
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
May 2023
Hearing Date
May 2024
Order Date
May 29, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another Tenants. The Landlord served two N5 notices alleging the Tenants permitted homeless people to camp/live on the property, causing damage and unsafe conditions.
Determinations
- Landlord has proven grounds for termination
- Tenants were in possession on application date
- Landlord served valid first and second N5 notices
- Tenants permitted unauthorized occupants causing damage and unsafe conditions
- Ongoing safety concerns due to electrical damage and blocked fire exits
Arguments and Actions
Landlord
Arguments
Landlord submitted there are ongoing safety concerns due to electrical damage that could cause a fire.
Tenant
Actions
Tenant testified that his wife became aggressive when Landlord's contractors arrived to clean up the debris, but she was not violent. Tenant agreed with Landlord's description of the property condition and that Landlord had contractors remove much of the debris.
Decision Summary
The Landlord has proven the grounds for termination of the tenancy due to the Tenants permitting unauthorized occupants who caused damage and unsafe conditions to the property. The tenancy is terminated effective June 30, 2024. The Tenants must pay the Landlord $122.08 by June 30, 2024, or interest will accrue on the balance.
Reason for Eviction Relief
Tenants have three children and need more time to find alternative accommodations
Adjudicator Details
LTB Member
Total Orders
17
Landlord Favorable
76.5%
Tenant Favorable
23.5%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,700
Application Fee
$186
Rent Deposit
$1,700
Deposit Interest
$64
Other Owed Amount
$122
June 30, 2024 rent less rent deposit and interest
Total Owing
$122 (Owed to Landlord)
Source
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