O'Leary v Carson
Landlord wins · Orillia · 2021-08-30
- Adjudicator
- Dawn Sullivan
- Dispute
- Serious Impairment of Safety
- Notice
- N7 Notice
- Amount
- <$5K
- Landlord
- S.O.
- Tenant
- M.C.
- Landlord rep
- Lyndsay Dubois
- Tenant rep
- Duty Counsel
What happened
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant's behaviour seriously impairing the safety of another person. The Landlord alleged the Tenant disabled the smoke detector in the rental unit and left food unattended on the stove, triggering a 911 call.
The ruling
The Landlord's application to terminate the tenancy and evict the Tenant is denied, subject to the Tenant complying with specific conditions regarding his behaviour. The Tenant must not tamper with or disable the smoke detector, and must not leave food/liquids unattended on the stove or in the oven. If the Tenant fails to comply, the Landlord may apply for an order terminating the tenancy and evicting the Tenant. The Tenant must also pay the Landlord $186 for the cost of filing the application.