Poverello Charities Ontario v Nkurunziza
Tenant wins · Toronto · 2023-11-20
- Adjudicator
- Susan Priest
- Dispute
- Damage to Property, Illegal Act, Safety, Substantial Interference
- Notice
- N5 Notice of Termination, N7 Notice of Termination
- Landlord
- P.C.O., S.S.
- Tenant
- D.N.
- Landlord rep
- Ryan Bernard
- Tenant rep
- Daniel Tucker
What happened
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant's behavior, including substantially interfering with the reasonable enjoyment of the building by other tenants, wilfully or negligently damaging the property, and seriously impairing the safety of another tenant.
The ruling
The Landlord's applications are denied. The Tenant shall be allowed to maintain the tenancy subject to certain conditions, including continuing with his treatment plan, notifying the Landlord of any incontinence incidents and cleaning the affected area, not leaving doors unlocked, and not engaging in physical altercations. If the Tenant fails to comply with these conditions, the Landlord may apply to terminate the tenancy.