Evictly

MacPherson Realty v Beneze

Landlord wins · Peterborough · 2025-04-24

Adjudicator
Dawn Carr
Dispute
Breach of Conditions, Damage to Property, Substantial Interference
Notice
Substantial interference (N5)
Amount
<$5K
Landlord
MacPherson Realty
Tenant
M.B.
Landlord rep
Crystal Francey

What happened

The Landlord applied for an order to terminate the tenancy because the Tenant installed unauthorized structures on the balcony and operated a business from the unit without the required insurance. The Landlord also claimed compensation for potential damages. The Tenant failed to attend the hearing. The Landlord requested a conditional order to allow the Tenant to preserve the tenancy if the issues were rectified.

The ruling

The tenancy continues provided the Tenant complies with specific conditions: the Tenant must remove the balcony enclosure and umbrella, provide the Landlord with proof of business insurance, and pay the $186.00 application fee, all by May 8, 2025. If the Tenant fails to comply, the Landlord may apply for an ex parte eviction order within 30 days of the breach.