Finch Main Gardens (West) Limited v Fsehay

Landlord wins · Toronto · 2024-09-27

Adjudicator

Kevin O'Brien

Dispute

Illegal Act, Serious Impairment of Safety

Notice

N6, N7

Amount

<$5K

Landlord

Finch Main Gardens (West) Limited

Tenant

M.F.

Landlord rep

J. Woodward, S. Korman

Tenant rep

H. Sone

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant covering the smoke detector in the rental unit with a plastic bag, which the Landlord alleged was an illegal act and seriously impaired the safety of the Tenant, other tenants, and the Landlord.

The ruling

The Landlord proved the grounds for termination of the tenancy, but the tenancy will continue on a conditional basis. The Tenant must not remove, obstruct, damage, cover, or tamper with the smoke detector in the rental unit. If the Tenant fails to comply, the Landlord may apply to terminate the tenancy and evict the Tenant. The Tenant must pay the Landlord $201 for the cost of filing the application.