Skyline Living v Martin - LTB Ruling on Tenant Safety Violations
Windsor landlord wins partial victory in tenant safety dispute, granted conditional relief from eviction
Summarized by RentZenLast updated: November 3, 2024
Case Summary
314 Giles Blvd W, Windsor, ON N9A6H3
Dispute resolved in
agreement
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jan 2024
Hearing Date
Apr 2024
Order Date
Apr 29, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant or another occupant of the rental unit has committed an illegal act or has carried out, or permitted someone to carry out an illegal act, trade, business or occupation in the rental unit or the residential complex, 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 N6 and N7 Notices
- Tenant did not permit illegal act in rental unit
- Tenant did prop open exterior doors, creating safety risk
Arguments and Actions
Landlord
Actions
Landlord's representative testified that since the N7 Notice was served, the Tenant propped the door open on one occasion and there was a fight in the rental unit on January 4, 2024 with the Tenant's guests yelling up to the Tenant's unit from the courtyard for someone to come let them into the building.
Tenant
Actions
Tenant denies propping the door open after receiving the N7 Notice. Tenant testified that once he was told not to prop the doors open, he ceased that behaviour.
Decision Summary
The Landlord's application to terminate the tenancy based on the shooting incident was dismissed as the Landlord failed to prove the Tenant permitted the illegal act. However, the Landlord was successful in proving the Tenant seriously impaired the safety of others by propping open exterior doors. The Tribunal granted the Tenant conditional relief from eviction, ordering the Tenant to refrain from propping open doors for 12 months.
Reason for Eviction Relief
It would not be unfair to impose a conditional order that the Tenant refrain from propping the exterior doors open for 12 months and, in my view, it would be unfair to terminate the tenancy.
Adjudicator Details
LTB Member
Total Orders
70
Landlord Favorable
74.3%
Tenant Favorable
17.1%
Mutual Agreement
8.6%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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