The Dara Residence v Desjardins

Landlord wins · Toronto · 2021-08-24

Adjudicator

Michael Di Salle

Dispute

Breach of Conditions

Landlord

T.D.R.

Tenant

D.D.

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant failed to meet a condition specified in the order issued by the Board on June 16, 2021 with respect to application TSL-19230-20. The condition was that the Tenant agreed not to smoke anything in their room or residential complex other than e-cigarettes provided they did not have any scent or smoke when used. The Landlord's employee witnessed smoke coming from the Tenant's room on multiple occasions and discovered the room smelled of fresh cigarette smoke.

The ruling

The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before September 4, 2021. If the unit is not vacated on or before September 4, 2021, then starting September 5, 2021, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.