Brunato v Penner

Tenant wins · Leamington · 2022-01-07

Adjudicator

Dawn

Dispute

Substantial interference

Notice

Non-payment of rent (N5)

Amount

<$5K

Landlord

P.B.

Tenant

J.P.

Tenant rep

Heinrich Penner

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the Landlord's lawful rights, privileges or interests because the Tenant failed to maintain the residential property and caused financial harm to the Landlord as a result of a municipal work order to clean up the property and by accumulating further debris on the property.

The ruling

The Landlord's application for eviction is denied on condition that the Tenant clean the property so that it complies with the Work Order issued by the City of Leamington. The Tenant shall maintain the property in a state of cleanliness and free of debris such that it complies with the Land Maintenance By-Law for the Municipality of Leamington for a period of twelve months from the date of issue of this order. If the Tenant fails to comply with the conditions, the Landlord may apply for an order terminating the tenancy and evicting the Tenant. The Tenant shall also pay the Landlord $186.00 for the cost of filing the application.