Tavarez v Rheault

Landlord wins · Whitby · 2023-02-10

Adjudicator

Kimberly Parish

Dispute

Breach of Conditions

Landlord

J.T.

Tenant

B.P.R.L., C.J.E.R.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to their failure to meet a condition specified in a previous order issued by the Board. The condition was that the Tenants, any occupant, and anyone permitted in the rental unit shall not smoke within the rental unit.

The ruling

The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before February 21, 2023. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. The Landlord is authorized to deduct $57.65 per day for compensation for the use of the unit starting February 11, 2023 until the Tenants move out.