Spallacci Contracting Ltd. v Lionel Bennett

Landlord wins · Hamilton · 2021-11-01

Adjudicator

Michelle Tan

Dispute

Breach of Conditions

Amount

<$5K

Landlord

Spallacci Contracting Ltd.

Tenant

L.B.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to meet conditions specified in a previous consent order to resolve an L2 application. The Tenant was found to have violated the condition prohibiting smoking in the rental unit.

The ruling

The previous consent order is cancelled. The tenancy is terminated and the Tenant must move out by November 12, 2021. The Landlord owes the Tenant $571.00 for the last month's rent deposit, which the Landlord can offset against daily compensation owed by the Tenant for continued occupation of the unit starting November 2, 2021.