Homestead Land Holdings Limited v McNamara

Landlord wins · Kingston · 2024-07-05

Adjudicator

Nathalia Debski

Dispute

Damage to Property, Substantial Interference

Notice

N5

Amount

$5-10K

Landlord

Homestead Land Holdings Limited

Tenant

A.M.

Landlord rep

Kayla Boutilier

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's behavior substantially interfering with the Landlord's or another tenant's reasonable enjoyment of the residential complex, and the Tenant wilfully or negligently causing damage to the rental unit or the residential complex. The Landlord alleged incidents of dog feces on the balcony, damage to the rental unit, the Tenant pulling a fire alarm, and the Tenant refusing access for pest control treatments.

The ruling

The Landlord proved the grounds for termination of the tenancy and the claim for compensation. However, the Landlord was granted a conditional order instead of a termination of the tenancy and eviction. The conditions include the Tenant allowing pest control access, monthly inspections, ensuring no dog feces on the balcony, and paying the Landlord $1,467.24 for damages and costs. If the Tenant fails to comply with the conditions, the Landlord may apply to terminate the tenancy and evict the Tenant.