Labuda v Jones

Landlord wins · Chatham · 2022-01-10

Adjudicator

Elle Venhola

Dispute

Non-payment of Rent, Substantial Interference

Amount

<$5K

Landlord

G.L.

Tenant

P.J.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and substantial interference with the reasonable enjoyment or lawful right of the Landlord or other tenants. The Tenant was found to have paid all rent owed but still owed the application filing fee. The Landlord's claims of the Tenant's unit being unkempt and refusing entry for pest control were considered. The Board granted relief from eviction subject to conditions for the Tenant to maintain cleanliness and allow monthly inspections.

The ruling

The Board ordered the Tenant to maintain the rental unit in a reasonable state of cleanliness and ensure a clear path of egress for 9 months from January 1, 2022 to August 31, 2022. The Tenant must also permit monthly entry to the Landlord during this period. If the Tenant fails to comply, the Landlord may file for termination and eviction without notice within 30 days of the breach.