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Case Study

LTB Order on Smoking and Vandalism

Conditional Eviction Order and Smoking Prohibition

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-06-28

Order Issued: 2023-09-12

Termination Date: Conditional - January 1, 2024

Eviction Deadline: Conditional - January 1, 2024

ℹ️ Case overview

Case Number: LTB-L-035574-22
Address: 606, 2199 WALKER AVE, PETERBOROUGH ON K9L1T8
Form Used: N5
Served By: Landlord
Amount Awarded: $186.00
Decision In Favor: Conditional in favor of Tenant
Application Type: Eviction for substantial interference with reasonable enjoyment and breach of tenancy agreement (smoking)
RTA Sections: Section 69, Section 83, Section 78

👥 Parties involved

Landlord: Quickdart Investments Limited
Landlord Rep: David Ciobataru
Tenant: Bev Daniels, Melissa Daniels, Keith Seaborn
Tenant Rep: Prabjoht Singh
Adjudicator: Not specified
Keywords: eviction, smoking, reasonable enjoyment, conditional order, substantial interference

⚖️ Decision summary

Tenancy continues under strict conditions against smoking and vandalism.
Failure to comply will lead to eviction.

⚠️ Dispute summary

Dispute involves smoking in non-designated areas and vandalism by tenant's family member.
Previous related issues with tenants not resolved, leading to current application.

📑 Findings & determinations

Tenants interfered with landlord's rights by smoking.
Vandalism acknowledged by tenants, committed by tenant's family member with a disability.
Conditional order issued due to tenants' circumstances and long-term tenancy.

💡 Summary points

Landlord sought eviction based on substantial interference and breach of no-smoking clause.
Tenants given conditional relief from eviction; must cease smoking in unit by January 1, 2024.
Landlord awarded costs for filing the application.
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🧑‍⚖️ Same adjudicator

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