Williams & McDaniel Property Management v Lafontaine - LTB Ruling on Smoking Violations
Landlord wins case against tenant for smoking violations at residential complex in Sault Ste. Marie, tenant given conditional order to stop smoking or face eviction
Summarized by RentZenLast updated: November 3, 2024
Case Summary
721 Pine St, Sault Ste. Marie, ON P6B3G2
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
Dec 2023
Hearing Date
May 2024
Order Date
May 21, 2024
Dispute Summary
The 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 Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Landlord served valid N5 notice
- Tenant was in possession on application date
- Residential complex has 29 rental units
- Tenant's smoking substantially interfered with other tenants' enjoyment
- Landlord incurred $186 in filing costs
Arguments and Actions
Landlord
Actions
The Landlord testified that she is the Building Manager and has received complaints from other tenants about the Tenant smoking marijuana inside the rental unit and outside too close to the building. The Landlord's witness, Daniel Albert, testified that he can smell the marijuana smoke from the Tenant's unit and it makes him feel nauseous.
Tenant
Arguments
The Tenant's Legal Representative requested that the Tenant be given more than one chance to correct the behavior and that the Landlord could not apply under section 78 until the third breach.
Actions
The Tenant testified that he has smoked marijuana for a long time and that this is medicinal for him. He stated that when he smokes cigarettes or marijuana, he only smokes outside in the middle of the yard, but sometimes he smokes closer to the building due to the cold weather and wind.
Decision Summary
The Landlord has proven the grounds for termination of the tenancy. The Tenant was in possession of the rental unit on the date the application was filed. The Tenant's smoking of marijuana inside the rental unit and near the building has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord and other tenants. The Tenant will be given a conditional order to continue the tenancy if the Tenant complies with the conditions of not smoking inside the rental unit and within 9 meters of the building. If the Tenant fails to comply, the Landlord may apply under section 78 for an order terminating the tenancy and evicting the Tenant. The Tenant shall also pay the Landlord $186 for the cost of filing the application.
Reason for Eviction Relief
The Tenant suffers from an anxiety disorder and schizophrenia, and eviction would be detrimental to the Tenant's ongoing mental health issues. The Tenant has taken steps to manage his conditions and is enrolled in a smoking cessation program.
Adjudicator Details
LTB Member
Total Orders
788
Landlord Favorable
51.6%
Tenant Favorable
3.0%
Mutual Agreement
45.3%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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