Last updated: November 3, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Dispute resolved in
Agreement
Ordered Amount
$186
to Landlord
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Citation: Skyline Living v Martin, 2024 ONLTB 30858
File Number: LTB-L-000431-24
Application Date
Jan 2024
Hearing Date
Apr 2024
Order Date
Apr 29, 2024
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.
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.
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.
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 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.
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Application Fee
$186
Ordered Amount
$186 (to Landlord)
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