Homestead Land Holdings Limited v Garbe
Split/Other wins · Sarnia · 2023-10-04
- Adjudicator
- Lisa Del Vecchio
- Dispute
- Substantial Interference
- Notice
- Interfering with Others, Damage or Overcrowding (N5)
- Amount
- <$5K
- Landlord
- Homestead Land Holdings Limited
- Tenant
- S.G.
- Landlord rep
- T. Rose
What happened
The landlord applied for an order to terminate the tenancy and evict the tenant due to the tenant substantially interfering with the reasonable enjoyment or lawful rights, privileges or interests of the landlord or another tenant. The landlord alleged the tenant failed to cooperate with pest control treatment and maintain the rental unit in a clean and clutter-free condition.
The ruling
The landlord was granted a conditional order. The tenant must ensure the rental unit is in a state of ordinary cleanliness and free of clutter and excess items by October 15, 2023, and maintain it as such going forward. The tenant must also remove any heaters, propane tanks, or bicycles from the balcony and allow access for pest control treatment. If the tenant fails to comply with the conditions, the landlord can apply for termination of the tenancy without notice to the tenant.