Landlord and Tenant Board Ruling: Arkledun Apartments Ltd. v Jackson
Landlord and tenant reach agreement in Hamilton dispute over illegal acts and damages
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 130 St. Joseph's Dr, Hamilton, ON L8N2E8
Dispute resolved in
agreement
Balance Owed to Landlord
$947
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Sep 2021
Order Date
Feb 3, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant, and the commission of an illegal act in the rental unit or the residential complex.
Determinations
- Between June 8-24, 2021, the Landlord received reports of thefts from tenants' personal lockers
- R.H. is not a tenant but an authorized occupant
- R.H. was arrested and charged with theft
- The Landlord contacted the police and reviewed video surveillance, which captured R.H. loading stolen items into a stolen vehicle
- The Landlord discovered damaged storage units, with the total cost of repairs being $946.94
- The Landlord is willing to preserve the tenancy if certain conditions are met
- The Tenant was not involved in the incidents and wishes to maintain the tenancy
Case Study
The Landlord's application to evict the Tenant is denied on the condition that the Tenant, any other occupant of the rental unit or their guests, shall not permit R.H. to enter the rental unit or the residential complex for a period of 12 months. The Tenant shall also pay the Landlord $946.94 for the damages to the unit and/or to the residential complex.
Arguments and Actions
Landlord
Arguments
The Landlord was not opposed to a conditional order and is willing to preserve the tenancy of the Tenant, if certain conditions are met.
Procedural Errors
The Landlord's agent seemingly erred in naming R.H. as a Tenant in the application.
Tenant
Actions
The Tenant wishes to maintain the tenancy and has offered to pay for the damage caused by her occupant.
Decision Summary
The Landlord's application to evict the Tenant is denied on the condition that the Tenant, any other occupant of the rental unit or their guests, shall not permit R.H. to enter the rental unit or the residential complex for a period of 12 months. The Tenant shall also pay the Landlord $946.94 for the damages to the unit and/or to the residential complex.
Adjudicator Details
LTB Member
Total Orders
288
Landlord Favorable
83.3%
Tenant Favorable
10.1%
Mutual Agreement
6.6%
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Financial Details
Damages
$947
Total Owing
$947 (Owed to Landlord)
Source
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