The landlord of a Toronto condo is being forced to pay at least $8,500 to cover the costs of his “nuisance-causing” tenant, a recent tribunal hearing found.
On Feb. 10, the Condominium Authority Tribunal found both the owner and the tenant of the Yonge Street and St. Clair Avenue condo equally responsible for the tenant’s “annoying” behavior.
The “annoying and disruptive conduct” included the tenant leaving food containers in the hallway for long periods of time, causing “foul smells and tripping hazards,” and “excessive noise,” the decision said. Meanwhile, the tenant and his lawyer argued the condo board was using the tribunal to “force” him out of the building, suggesting the case is motivated by a staff member’s “personal vendetta” following an “initial altercation.”
Consequently, Clifton said his “lack of reasonable efforts” to address his tenant’s conduct placed the burden onto the condo corporation to take matters into their own hands – including the costs of this case – which is why the vice-chair thought it would be appropriate to award the condo owner a “substantial portion of those costs.”
The tenant had previously expressed intentions of moving out of the unit “at some point in the near future,” and Clifton wrote in his decision that “it will likely be better for all parties that he does.” Marc Goldgrub, a lawyer at Green Economy Law Professional Corporation, said the condo owner’s responsibility was to, first and foremost, tell the tenant to stop the disruptive conduct or be evicted from the unit.
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