177 Bayview Drive Limited v Martinez
Split/Other wins · Barrie · 2025-05-02
- Adjudicator
- Julie Broderick
- Dispute
- Breach of Conditions, Illegal Act, Impaired Safety, Substantial Interference
- Notice
- Substantial interference (N5), Illegal act (N6), Impaired safety (N7)
- Amount
- <$5K
- Landlord
- 177 Bayview Drive Limited c/o Realstar Corp.
- Tenant
- T.M., T.L.
- Landlord rep
- Dawn Inglehart, Martin Zarnett
What happened
The Landlord applied to evict the Tenants for substantial interference, an illegal act, and impairing safety due to excessive clutter and hoarding in the rental unit. The Landlord also alleged the Tenants repeatedly denied entry for inspections. The Tenants acknowledged the clutter but cited personal difficulties, including caring for their disabled daughter. The Board found the grounds for substantial interference and impaired safety were proven, but not for an illegal act. A conditional order was issued, granting the Tenants relief from eviction provided they clean the unit and comply with future inspections.
The ruling
The tenancy is not terminated. The Board granted the Tenants relief from eviction on the condition that they comply with a strict order. The Tenants must bring the unit to a state of ordinary cleanliness and remove excessive clutter by May 29, 2025, ensuring clear pathways and access to utilities. They must allow the Landlord to inspect the unit for compliance and permit future quarterly inspections. Failure to comply with any condition will allow the Landlord to apply for an eviction order without notice. The Tenants are also ordered to pay the Landlord's $186.00 application fee.