ST JAMES COURT NON PROFIT HOUSING CORPORATION C/O BAYSHORE PROPERTY MANAGEMENT v Lefebvre, 2024 ONLTB 48127: ST JAMES COURT NON PROFIT HOUSING CORPORATION C/O BAYSHORE PROPERTY MANAGEMENT v Lefebvre 2024
Landlord wins eviction case against tenant who failed to properly prepare rental unit for pest control, causing cockroach infestation in building
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 18 Peter St N, Orillia, ON L3V4Y7
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
Feb 2024
Hearing Date
May 2024
Order Date
Jun 28, 2024
Tenancy End Date
Jul 2024
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. The Tenant did not properly prepare the rental unit for cockroach treatments, resulting in other units becoming infested.
Determinations
- Landlord served valid N5 Notice
- Tenant did not void notice by correcting conduct
- Tenant's unit was a 'hot spot' for cockroaches
- Tenant did not properly prepare unit for treatments
- Cockroach issue escalating, affecting other units
- Termination necessary for reasonable enjoyment of other Tenants
Case Study
The Landlord's Legal Representative submitted in Nuspor Investments v De La Cruz, 2020 CanLII 120664 (ON LTB), the Board found that the Tenant's continued lack of cleanliness and not being prepared for cockroach treatments, which did not allow full/proper treatment(s) to be done, "the Tenant substantially interfered with other people's reasonable enjoyment of the residential complex. By interfering with the Landlord's ability to maintain and the unit rental property, the Tenant also interfered with a lawful right privilege or interest of the Landlord".
Arguments and Actions
Tenant
Actions
The Tenant's unit was discovered to be a 'hot spot' for cockroaches. The Tenant did not properly prepare the unit for pest control treatments on multiple occasions, resulting in other units becoming infested.
Decision Summary
The Landlord proved the Tenant did not prepare the rental unit for pest control treatment in the 7-day period after the notice of termination was deemed served. The Tenant's failure to properly prepare the unit for cockroach treatments resulted in other units becoming infested. The tenancy is terminated effective July 31, 2024. The Tenant must pay the Landlord $186 for the application filing fee.
Reason for Eviction Relief
The Landlord's Legal Representative submitted that the Landlord was seeking a standard order, but recognized extending the date a bit would be reasonable.
Adjudicator Details
LTB Member
Total Orders
687
Landlord Favorable
85.4%
Tenant Favorable
10.6%
Mutual Agreement
3.9%
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Financial Details
Application Fee
$186
Rent Deposit
$871
Deposit Interest
$6
Total Owing
$186 (Owed to Landlord)
Source
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