THUNDER BAY — The Ontario Landlord and Tenant Board has ruled that persistent complaints of smoking and noise from a rental unit in Thunder Bay are insufficient grounds to evict the tenant.
The board denied a landlord's application earlier this year to terminate a tenancy, saying the female renter has committed to not smoke in her unit, and that evicting her would unfairly punish her for noise that was due to domestic violence.
In March 2024 the owner of the south-side apartment building gave the woman a first notice of termination, followed later the same month by a second notice.
The landlord alleged that on multiple occasions the tenant and her guest were smoking – in contravention of the tenancy agreement – and that other residents complained after hearing screaming, swearing, fighting, and the sound of objects being smashed.
The woman acknowledged there were loud fights inside her unit, but said these were the result of her being violently assaulted by her former boyfriend, who moved out in May.
At a hearing in August, the Landlord and Tenant Board heard evidence that she had been diagnosed with various mental health issues that impeded her ability to remove herself from the abusive relationship earlier.
Her boyfriend was paying half the bills, as she was economically dependent on him, which made it even more difficult to terminate the relationship.
The board was sympathetic to the argument presented by the woman's legal representative, who said the impact of the domestic abuse she suffered should not be compounded by an eviction resulting from the violence.
He also stated landlords are obligated by the Ontario Human Rights Code to accommodate tenants' disability-related needs to the extent the landlord does not suffer undue hardship.
The board member overseeing the hearing noted that in this instance the tenant had not requested accommodation, and that there was insufficient evidence for him to establish that the landlord knew or ought to have known the ongoing noise was related to a disability requiring accommodation.
But he agreed she should not be evicted on the grounds of noise created by her experiencing domestic violence, adding that she has taken steps to eliminate the situation.
He also accepted the tenant's promise to stop smoking in her apartment, but made his denial of the eviction request conditional on her following through with that commitment.
Over the next year, if she smokes or allows a guest to smoke in the unit, the landlord will be able to apply to the board again – within 30 days of any breach – for an eviction order without notice to the tenant.
