Ordinary Cleanliness (LTB)

TSL-95041-18 (Re), 2018 CanLII 120857 (ON LTB)

1. The Landlord served the Tenant an N5 Notice of Termination on April 17, 2018 alleging that the Tenant has substantially interfered with the Landlord’s reasonable enjoyment or lawful rights because the Tenant has not kept his rental unit and its balcony in a clean and tidy condition. On that same date the Landlord also served an N7 Notice of Termination alleging that the Tenant has seriously impaired safety because the Tenant has not kept his rental unit and its balcony in a clean and tidy condition.

26. Section 64(3) provides that an N5 notice of termination is voided if the tenant complies with the requirements set out in the notice during the seven days following the service of the notice. In this case, the parties acknowledged that the N5 notice was not voided.

27. Again, the onus rests with the Landlord to prove on a balance of probabilities that the conduct of the Tenant has substantially interfered with the Landlord’s reasonable enjoyment or lawful rights and the onus includes making out a “substantial” interference. The Landlord has not met this onus.

28. The extent of the Landlord’s evidence was that she finds the apartment to be dirty and cluttered. She brought forward no complaints concerning smell or pest issues. She observes the floor to be dirty, but admits the parquet floors are approximately 50 years old, though were refinished prior to the tenancy starting approximately 13 years ago.

29. As written above in relation to safety, the evidence of the photographs presented shows the unit, from a worse state to improved states. Even when at its worst, the clutter is mostly on top of furniture, and appears to be the bags of shopping referenced by the Tenant, and the bags of laundry and items the Tenant stores in black garbage bags. There is no evidence in the photographs of pest infestations, or anything that appears to be refuse or rotting waste. In terms of the indications of extreme clutter such as are ordinarily presented, the unit shows none of the indications such as accumulations of spoiling food, piles of belongings that block movement around the unit, and excess garbage and debris.