Landlord and Tenant Board finds it might be unfair to evict a girl due to noise brought on by home violence.
THUNDER BAY — The Ontario Landlord and Tenant Board has dominated that persistent complaints of smoking and noise from a rental unit in Thunder Bay are inadequate grounds to evict the tenant.
The board denied a landlord’s software earlier this yr to terminate a tenancy, saying the feminine renter has dedicated to not smoke in her unit, and that evicting her would unfairly punish her for noise that was as a consequence of home violence.
In March 2024 the proprietor of the south-side residence constructing gave the girl a primary discover of termination, adopted later the identical month by a second discover.
The owner alleged that on a number of events the tenant and her visitor have been smoking – in contravention of the tenancy settlement – and that different residents complained after listening to screaming, swearing, combating, and the sound of objects being smashed.
The girl acknowledged there have been loud fights inside her unit, however mentioned these have been the results of her being violently assaulted by her former boyfriend, who moved out in Could.
At a listening to in August, the Landlord and Tenant Board heard proof that she had been recognized with varied psychological well being points that impeded her potential to take away herself from the abusive relationship earlier.
Her boyfriend was paying half the bills, as she was economically depending on him, which made it much more troublesome to terminate the connection.
The board was sympathetic to the argument introduced by the girl’s authorized consultant, who mentioned the affect of the home abuse she suffered shouldn’t be compounded by an eviction ensuing from the violence.
He additionally acknowledged landlords are obligated by the Ontario Human Rights Code to accommodate tenants’ disability-related must the extent the owner doesn’t endure undue hardship.
The board member overseeing the listening to famous that on this occasion the tenant had not requested lodging, and that there was inadequate proof for him to ascertain that the owner knew or should have recognized the continued noise was associated to a incapacity requiring lodging.
However he agreed she shouldn’t be evicted on the grounds of noise created by her experiencing home violence, including that she has taken steps to remove the scenario.
He additionally accepted the tenant’s promise to quit smoking in her residence, however made his denial of the eviction request conditional on her following by with that dedication.
Over the subsequent yr, if she smokes or permits a visitor to smoke within the unit, the owner will have the ability to apply to the board once more – inside 30 days of any breach – for an eviction order with out discover to the tenant.
