Landlord Wins Eviction Case Against Unmasked, Abusive Tenant: 192 Hughson St. Inc. v Ferrone 2021
Hamilton landlord wins conditional eviction of tenant who refused to wear mask and verbally abused staff
Summarized by RentZenLast updated: July 26, 2024
Case Summary
192 Hughson Street North, Hamilton, ON L8L7Z9
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Sep 2021
Order Date
Oct 5, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to their behavior substantially interfering with the Landlord's or another Tenant's reasonable enjoyment of the residential complex and/or lawful rights, privileges or interests.
Determinations
- Landlord served valid N5 Notices
- Tenant refused to wear mask in common areas
- Tenant's abusive behavior toward Superintendent
- Tenant's unwanted conversations with other tenants about COVID-19 and vaccinations
Case Study
The Tenant, Pio Ferrone substantially interfered with the Landlord's reasonable enjoyment and/or the Landlord's lawful rights, privileges or interests by refusing to wear a mask in the common areas of the residential complex as required by municipal and provincial regulations. The Tenant's conduct has put the health and safety of other tenants in the building at risk. The Tenant's abusive behaviour toward the Superintendent and behavior toward other tenants has negatively affected the Landlord's ability to ensure that his staff and other tenants are in an environment where they are safe and not being exposed to abusive behavior.
Arguments and Actions
Landlord
Actions
The Site Administrator testified that she has received numerous complaints from other tenants regarding the Tenant, Pio Ferrone preaching to them about getting vaccinated as he has his own opinion about not getting vaccinated. He asked another tenant religious questions around the vaccination that made the tenant feel uncomfortable. The Tenant speaks inappropriately to other tenants regarding their personal beliefs of COVID-19. The Property Manager testified that on July 8, 2021 she had an altercation with the Tenant, Pio Ferrone. When she asked him why he was stretched out in front of the lobby doors and not wearing a mask, he became irate and started calling her names in front of her daughter.
Tenant
Arguments
The Tenant stated that he is exempt from wearing a mask for health reasons but has not provided any documentation to the Landlord in this regard.
Actions
The Tenant stated that on July 8, 2021 he was sitting in the front lobby when the Property Manager, Sara Brown asked him why he was loitering in the lobby as he did not live there. He told her that he did live in the building and she became very rude to the Tenant. The Tenant stated that he said to the Property Manager's daughter that she puts her mother to shame as she is a good person. He also stated that he said that the Property Manager has no love in her heart.
Decision Summary
The Landlord's application for eviction of the Tenants is denied on the condition that the Tenant Pio Ferrone shall for a period of one year after this order has been issued: a) wear a mask in all common areas of the residential complex or provide the Landlord on or before October 19, 2021 a note from a medical professional stating that the Tenant is exempt from wearing a mask while inside the residential complex; b) refrain from having unwanted conversations with other tenants regarding COVID-19 and their personal choice on vaccinations and masks; and c) refrain from being verbally abusive to the superintendent. The Tenants shall also pay the Landlord $186.00 for the cost of filing this application on or before October 19, 2021.
Adjudicator Details
LTB Member
Total Orders
788
Landlord Favorable
51.6%
Tenant Favorable
3.0%
Mutual Agreement
45.3%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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