The District Municipality of Muskoka v Jennifer Newell
Split/Other wins · Gravenhurst · 2023-05-23
- Adjudicator
- Greg Joy
- Dispute
- Damage to Property, Substantial Interference
- Landlord
- T.D.M.O.M.
- Tenant
- J.N.
- Landlord rep
- Kelly Draycott
- Tenant rep
- Lockhart Fulton
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant, and the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has wilfully caused undue damage to the premises.
The ruling
On consent, the Tenant shall maintain the rental unit in an ordinary state of cleanliness as required under section 33 of the Act until December 31, 2023. The Tenant shall permit the Landlord to inspect the rental unit on a monthly basis, with 24 hours written notice, and shall not unreasonably deny access to the unit while this order is in effect. If the Tenant fails to comply with the conditions, the Landlord shall be entitled to apply to the Board, no later than 30 days after a breach of this Order, without notice to the Tenant, for an Order terminating the tenancy and evicting the Tenant, pursuant to Section 78 of the Residential Tenancies Act, 2006.