📍 Ottawa, Ontario
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Dispute this orderapplied for an order to terminate the tenancy and evict Stuart Atkins (the 'Tenant') because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has wilfully or negligently caused undue damage to the premises. The Landlord has also applied for an order requiring the Tenant to compensate the Landlord for the damage. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was heard by videoconference on October 6, 2021.
It is ordered that: 1. The Landlord’s application to terminate the tenancy and evict the Tenant is denied on the condition that: a) For a period of 12 months from the date of this order, the Tenant shall not permit entry into the residential complex to individual(s) that are not guest(s) of the Tenant or occupant(s) of the rental unit. 2. If the Tenant fails to comply with the conditions set out in paragraph 1 above, then, within 30 days of the breach, the Landlord may apply under section 78 of the Residential Tenancies Act, 2006 (the ‘Act’) for an order terminating the tenancy and evicting the Tenant. The Landlord must make the application within 30 days of a breach of a condition set out in paragraph 1 of this order. 3. The Tenant shall pay to the Landlord $90.40, which represents the reasonable costs incurred by the Landlord to clean and disinfect the stairwell. 4. The Tenant shall also pay to the Landlord $186.00 for the cost of filing the application. 2. If the Tenant does not pay the Landlord the full amount owing on or before January 4, 2022, the Tenant will start to owe interest. This will be simple interest calculated from January 5, 2022 at 2.00% annually on the balance outstanding. December 15, 2021 Date Issued Khalid Akram Member, Landlord and Tenant Board 2021 CanLII 148867 (ON LTB) File Number: EAL-93490-21 Order Page 4 of 4 Eastern-RO 255 Albert Street, 4th Floor Ottawa ON K1P6A9
This Landlord application — Eviction — Damage to property — was granted.
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