Evictly

Vindigni v Strange

Landlord wins · Whitby · 2022-06-14

Adjudicator
Khalid Akram
Dispute
Serious Impairment of Safety
Notice
N7
Amount
<$5K
Landlord
A.V.
Tenant
A.S.
Landlord rep
Daria Berezowska
Tenant rep
David Rieger

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to the Tenant seriously impairing the safety of any person in the residential complex. The Landlord witnessed the Tenant burning a Christmas tree in the backyard, with flames reaching 20-25 ft high and the Landlord could smell chemicals and gasoline.

The ruling

The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant shall refrain from burning his Christmas tree or any other tree at the residential complex in a manner that poses a risk of serious impairment of safety to any person. If the Tenant fails to comply with this condition, the Landlord may apply for an order terminating the tenancy and evicting the Tenant within 30 days of the breach. The Tenant is ordered to pay the Landlord $186.00 for the cost of filing the application.