Williams & McDaniel Property Management v Mercer - LTB Case Study
Landlord granted conditional order after tenant's dog bite incident, tenant must comply with dog limit or face eviction
Summarized by RentZenLast updated: October 13, 2024
Case Summary
7 John St, Orangeville, ON L9W2P1
Dispute resolved in
agreement
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Feb 2024
Order Date
Mar 19, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenants due to the Tenants committing an illegal act and seriously impairing the safety of the Landlord's employee at the residential complex. The Landlord's agent was bitten by a dog residing in the Tenant's unit, which exceeded the municipal by-law limit of 3 dogs per unit.
Determinations
- Tenant committed illegal act by having more than 3 dogs in the unit, contrary to municipal by-law
- Tenant's dog bit Landlord's agent, seriously impairing his safety
- Tenant took steps to rehome dogs after incident, but remained non-compliant for 10 months
- No further incidents since the initial one
Arguments and Actions
Landlord
Arguments
Landlord seeks termination of the tenancy, as the Tenant's behavior did not change after the serving of the notices, and the Landlord has a duty to ensure the safety of others at the residential complex.
Actions
Landlord's agent was bitten by a dog residing in the Tenant's unit, which exceeded the municipal by-law limit of 3 dogs per unit.
Tenant
Arguments
Tenant was unaware of the by-law restriction, has taken steps to comply, and seeks to preserve his tenancy as he is unemployed and would not be able to find another place before 3 months.
Actions
Tenant was not home/present at the time of the dog bite incident. Tenant began the re-homing process for the dogs after the incident, but remained non-compliant with the by-law for 10 months.
Decision Summary
The Landlord has proven the grounds for termination of the tenancy, but the Tenant has taken remedial steps and there have been no further incidents, so a conditional order is appropriate. The Tenant must remove the bulldog by March 31, 2024 and comply with the municipal by-law on the number of dogs. If the Tenant fails to comply, the Landlord may apply to terminate the tenancy.
Reason for Eviction Relief
The circumstances and the remedial nature of the Act weigh in favour of granting relief from eviction. The Tenant has taken steps to rehome dogs and there have been no further incidents.
Adjudicator Details
LTB Member
Total Orders
948
Landlord Favorable
86.0%
Tenant Favorable
8.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$1,201
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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