Evictly

Hellenic Home for the Aged Inc. v Vrozos

Split/Other wins · Toronto · 2024-04-16

Adjudicator
Nicola Mulima
Dispute
Serious Impairment of Safety
Notice
N7
Amount
<$5K
Landlord
Hellenic Home for the Aged Inc.
Tenant
M.V.
Landlord rep
L. Corrente
Tenant rep
D. Schofield

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's use of open flame candles in the rental unit, which the Landlord alleges seriously impairs the safety of others in the residential complex. The Landlord provided evidence of prior fire incidents related to the Tenant's use of candles, and expert testimony on the fire hazard posed by open flame candles. The Tenant acknowledged using the candles for religious purposes but agreed to stop using open flame candles after being served the notice.

The ruling

The Landlord has proven the grounds for termination of the tenancy due to the Tenant's use of open flame candles, which seriously impairs the safety of others in the residential complex. However, a conditional order will be granted to allow the Tenant to preserve her tenancy if she complies with the conditions of not using candles and allowing the Landlord to inspect the unit quarterly.