Last updated: September 12, 2024
Ordered by Dana Wren,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$5,186
to Landlord
Agree with the ruling?
Citation: Andy's Apartments Ltd v Bilodeau, 2023 ONLTB 30395
File Number: LTB-L-021153-22
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 11, 2023
The Board found that the tenant substantially interfered with the reasonable enjoyment of the residential complex. However, instead of terminating the tenancy, the Board granted conditional relief from eviction, ordering the tenant to remove all personal possessions from the common areas by May 31, 2023. If the tenant fails to comply, the landlord may apply for an order terminating the tenancy and evicting the tenant.
The Board found that the landlord's interests could be protected by ordering the tenant to clear the common areas of his possessions, and that it would not be unfair to grant relief from eviction in these circumstances.
The landlord applied for an order to terminate the tenancy and evict the tenant due to the tenant substantially interfering with the reasonable enjoyment of the residential complex. The landlord alleged that the tenant's actions, such as storing urine in bottles, excessive clutter in common areas, and causing a foul odor, have resulted in complaints from other tenants.
The landlord requested termination of the tenancy, as they have spoken with the tenant on several occasions without success, and are not convinced a conditional order would be effective in this circumstance.
The landlord testified that the tenant stores urine in bottles in his room, and the smell from his room has resulted in complaints from other tenants. The landlord also said that the tenant stores excessive amounts of items in the common areas, which is a fire hazard and impedes other tenants. The landlord said the complex now has bed bugs, and inspections and treatments have occurred multiple times at a cost of $5,000 to the landlord, with the inspector indicating the source of the problem is the tenant's room.
The tenant seeks relief from eviction.
The tenant asserts the 'foul odor' complaint is blown out of proportion, and says he has a cat and has now taken effort to reduce the smell from the litter box. The tenant said he is 62 years old and uses a jar to urinate in throughout the night but disposes of it promptly in the morning. The tenant alleges the bed bug issue is not limited to his room and the entire complex has an ant problem. The tenant acknowledges he has accumulated possessions and stores them in the common areas, but said he would remove them.
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Application Fee
$186
Damages
$5,000
Ordered Amount
$5,186 (to Landlord)
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