Fire Hazard Leads to Eviction: Niagara Regional Housing v Mercieca 2024
Tenant evicted from Niagara Falls apartment due to extreme fire safety risks from excessive storage
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 4900 Buckley Ave, Niagara Falls, ON L2E7A8
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Apr 2024
Order Date
May 8, 2024
Tenancy End Date
May 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to serious safety concerns caused by excessive storage of combustible items in the rental unit, creating a potential fire hazard.
Determinations
- Tenant seriously impaired safety of residential complex
- Excessive combustible items blocking electrical panels
- Fire prevention officer issued inspection order
- Tenant did not fully comply with initial order
- Unit considered high fire risk
Arguments and Actions
Landlord
Actions
Hired contractors to move tenant's items from electrical panel
Tenant
Arguments
Requested extra time to bring unit up to standard
Actions
Tenant claimed he fractured his wrist and could not clean the unit, and that he moved items away from electrical panel
Aggravating Factors
Excessive storage of combustible items, potential fire hazard
Decision Summary
Tenancy terminated due to serious safety concerns. Tenant must vacate the unit by May 19, 2024, and pay $186.00 in application costs. If not vacated, landlord may proceed with eviction through Sheriff's office.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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