Turtle Creek Manor v Giammarco

Landlord wins · Mississauga · 2025-09-23

Adjudicator

Nicole Pedron

Dispute

Breach of Conditions, Maintenance, Substantial Interference

Landlord

T.C.M.

Tenant

V.G.

Landlord rep

Jon Grayson, Tara Thomson

Tenant rep

Kevin Meechan

What happened

The Landlord applied for eviction after the Tenant breached conditions of a previous order by denying entry to the unit. The Tenant filed a motion to set aside the eviction order, citing health concerns and allergies related to the installation of new windows. The Board found that the Tenant failed to cooperate with the Landlord's lawful right to enter for maintenance and upgrades, despite the Landlord offering alternate accommodations during the work.

The ruling

The Tenant's motion to set aside the eviction order is denied. The Board found that the Tenant breached a previous order by refusing the Landlord entry to install windows. Although the Tenant is a senior with health concerns and a long-term tenancy, the Board found her refusal to cooperate was unreasonable. The stay of the eviction order is lifted effective October 31, 2025, to allow the Tenant time to find alternate housing.