Renfrew County Housing Corporation v Cunningham - LTB Ruling on Substantial Interference
Landlord granted conditional order to address tenant's guests' disruptive behavior in Pembroke rental building
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 260 Elizabeth St, Pembroke, ON K8A7Y3
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Sep 2023
Hearing Date
May 2024
Order Date
Jun 18, 2024
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant or the Tenant's guests substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord alleged incidents of the Tenant's guests smoking inside the building, lighting foil on fire, and causing disturbances.
Determinations
- Landlord served valid N5 notices
- Tenant's guests' actions constituted substantial interference
- Landlord incurred $186 in application filing costs
Arguments and Actions
Landlord
Arguments
The Tenant leaving the key at the main entrance of the building, allowing guests to smoke inside the building and in the hallways and lighting foil paper on fire constitutes a substantial interference with the reasonable enjoyment of the residential complex or a the lawful right, privilege or interest of the Landlord or another tenant.
Actions
On September 17, 2023, at 4:51 a.m., a guest of the Tenant used a key to gain access to the building and left the key in the entrance door. On October 2, 2023, at 11:55 a.m., a guest of the Tenant was seen smoking a cigarette when exiting the Tenant's unit and continued to smoke in the hallway. The guest was seen at 12:09 p.m. pulling foil from her coat pocket and holding a lighter to light it. The foil caught fire as the flares could be seen reflecting off the wall. At 12:11 p.m., a large amount of smoke was seen drifting down the hallways. At 12:12 p.m., she lit another piece of foil and left both pieces under the hallway bench which the Tenant later retrieved. On October 9, 2023 at 11:24 a.m., another guest of the Tenant was seen on camera smoking as she left the Tenant's unit. On April 9, 2024, a guest of the Tenant was seen in the parking lot of the residential complex in their car screaming and hitting the car.
Decision Summary
The tenancy will continue subject to conditions that the Tenant and her guests not substantially interfere with the reasonable enjoyment or lawful rights of the Landlord or other tenants, such as by smoking inside the building or providing guests with building keys. If the Tenant fails to comply with these conditions, the Landlord may apply to terminate the tenancy. The Tenant must also pay the Landlord $186 for the application filing costs.
Reason for Eviction Relief
Substantial interference
Adjudicator Details
LTB Member
Total Orders
27
Landlord Favorable
74.1%
Tenant Favorable
22.2%
Mutual Agreement
3.7%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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