Landlord Wins Substantial Interference Case: Renaud v Jimenez 2024
Lasalle tenant must comply with conditions to avoid eviction for denying landlord access to investigate leak
Summarized by RentZenLast updated: October 13, 2024
Case Summary
2 1661 Front Rd, Lasalle, ON N9J2B7
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Sep 2023
Order Date
Jan 8, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant substantially interfering with the Landlord's lawful right, privilege or interest by denying the Landlord entry to the rental unit to investigate and repair a potential leak.
Determinations
- Landlord served valid N5 notice
- Tenant did not void notice within 7 days
- Tenant denied Landlord entry to investigate leak
- Landlord has duty to maintain property
- Tenant's denial of entry substantially interfered with Landlord's interest
Arguments and Actions
Landlord
Actions
The Landlord attempted to gain entry to the rental unit on several occasions to investigate a potential leak, but was denied by the Tenant.
Tenant
Arguments
The Tenant claims he denied entry because the Landlord is rude to him and his family when in the unit.
Actions
The Tenant denied the Landlord entry to the rental unit on several occasions to investigate a potential leak.
Decision Summary
The Landlord's application was granted, but the tenancy will continue subject to conditions. The Tenant must comply with notices of entry, allow repairs, and not physically assault the Landlord. If the Tenant fails to comply, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Reason for Eviction Relief
The tenancy is lengthy, the Tenant is willing to cooperate with a conditional order, and the assault incident appears to be isolated.
Adjudicator Details
LTB Member
Total Orders
376
Landlord Favorable
94.7%
Tenant Favorable
1.9%
Mutual Agreement
3.5%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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