Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Conditional Relief
Monies to be paid to Landlord
$2,390
Agree with the ruling?
Application Date
Jan 2023
Hearing Date
Dec 2023
Order Date
Jan 10, 2024
The Tenant is ordered to pay the Landlord $2,390 for the damages caused and the application filing fee. The Tenant is granted conditional relief from eviction, subject to conditions including no further illegal acts, physical altercations, or use of tools in the rental unit. If the Tenant breaches the conditions, the Landlord may apply for immediate termination of the tenancy.
The Tenant seemed genuinely remorseful, and his witnesses maintained the events were not indicative of his character. There has been no repeat incident since the Notices were served, suggesting the Landlord's actions had the desired effect.
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant committing illegal acts, seriously impairing the safety of others, and wilfully causing undue damage to the premises. The Landlord alleged the Tenant broke down the door of another unit and triggered false fire alarms.
The Landlord argued it had established the grounds for termination of the tenancy and the claim for compensation, and that the welfare of the community should be considered over the Tenant's right to relief from eviction.
The Tenant argued the Landlord failed to establish on the balance of probabilities that the Tenant was responsible for the false fire alarms, and that his actions on October 27, 2022 were not indicative of his character.
The Tenant denied pulling the fire alarms, stating he believed the tenant in unit 16 was responsible. He admitted to breaking down the door of unit 16, but said he was provoked and had no intent to harm the other tenant.
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Lawful Rent
$448
Application Fee
$186
Damages
$2,204
Total Amount to Be Paid
$2,390 (To be paid to Landlord)
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