FV II v JG

Tenant wins · 2019-09-30

Dispute

Damage to Property, Serious Impairment of Safety

Landlord

F.I.

Tenant

J.

Landlord rep

D S

Tenant rep

R B

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant or a member of the Tenant's household removing the smoke detector and carbon monoxide detector from the rental unit, which the Landlord alleges seriously impaired the safety of people in the building.

The ruling

The Landlord's application is dismissed. The Tenant's actions in knocking down the smoke detector and replacing the Landlord's CO detector with his own did not rise to the level of a serious impairment of safety required for expedited eviction under section 66 of the Residential Tenancies Act.