Landlord Wins Substantial Interference Case: Sherrill Stafford v Jennifer Taylor 2023
Landlord wins case against tenant with excessive birds causing odor and safety issues in Cannington rental unit
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 104 Cameron St E, Cannington, ON L0E1E0
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Sep 15, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant, another occupant of the rental unit 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, and the Tenant, another occupant of the rental unit or a person the Tenant permitted in the residential complex has seriously impaired the safety of any person and the act or omission occurred in the residential complex.
Determinations
- Landlord served valid N5 Notice
- Tenant did not void N5 notice within 7 days
- N7 Notice is not a voidable notice
- Tenant stored property in common hallway, obstructing means of egress
- Tenant has 31 birds that cause odor and interfere with other tenants' enjoyment
- Landlord was denied access to unit on January 24, 2022
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. However, based on the Board discretion to grant relief under section 83 of the Act, the tenancy is preserved if the Tenant complies with the conditions set out in the order.
Arguments and Actions
Landlord
Actions
Landlord received complaints about odor from birds and damage to common areas. Landlord was denied access to the unit on January 24, 2022.
Tenant
Actions
Tenant has 31 birds that she allows to fly freely in the unit for 8 hours a day, causing odor and interfering with other tenants' enjoyment.
Decision Summary
The tenancy is preserved if the Tenant complies with the following conditions: 1) Remove all property from the hallway common area by September 26, 2023; 2) Reduce and maintain the number of cages and birds in the unit down to five by November 30, 2023; 3) The Landlord may issue a notice of entry to inspect the unit regularly for compliance, provided the Landlord gives at least 5 days written notice to allow the Tenant time to make arrangements for a support person to be present.
Reason for Eviction Relief
Tenant should be given a chance to foster or relocate her pets elsewhere to preserve this tenancy
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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