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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

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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