Capriet Limited Partnership v Murray

Split/Other wins · Scarborough · 2021-06-25

Adjudicator

Michael Di Salle

Dispute

Illegal Act

Notice

Illegal Act (N6)

Amount

<$5K

Landlord

Capriet Limited Partnership, C.H.

Tenant

S.M.

Landlord rep

Geoff Paine

Tenant rep

Faithlyn Allen, Joy Evans

What happened

Landlords applied to terminate the tenancy and evict the Tenant due to illegal acts committed by the Tenant's occupant, referred to as her 'boyfriend', in the rental unit and residential complex. The Landlords presented evidence of the occupant breaking into and stealing mail from the mailboxes, as well as smoking in the building lobby, which are illegal acts.

The ruling

The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant's occupant, referred to as her 'boyfriend', is not granted access to the residential complex or the Tenant's rental unit, and that any of the Tenant's guests or occupants do not commit any illegal acts in the residential complex or the Tenant's rental unit. If the Tenant fails to prevent her 'boyfriend' from entering the property or if any of her guests or occupants commit illegal acts, the Landlord can apply for an order terminating the tenancy and evicting the Tenant.