Landlord's Eviction Application Dismissed: Botham v Forth
Tenant wins as landlord's eviction application for alleged damage and safety issues is dismissed
Summarized by RentZenLast updated: July 22, 2024
Case Summary
4 Duncan Street E, Huntsville, ON P1H1V9
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2021
Hearing Date
Feb 2022
Order Date
Feb 14, 2022
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to allegations of wilful damage to the premises and serious impairment of safety. The Landlord served an N7 notice on the Tenant.
Determinations
- Allegations made by the Landlord cannot be considered wilful damage or serious impairment of safety
- Landlord served an N7 notice
- N7 notice indicates no opportunity to void the order by repairing or paying for repairs, and that the Sheriff is instructed to enforce the order before other orders due to the seriousness of the damage or the seriously impaired safety
Case Study
The allegations made by the Landlord, such as loud parties, used needles, people entering through a broken window, yelling, fighting, loud music, vulgar language, and the Tenant being naked in a small children's pool, cannot be considered wilful damage or serious impairment of safety.
Decision Summary
The Landlord's application is dismissed.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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