Landlord Wins Eviction Case Against Tenant Who Tampered with Electrical Fixtures: Canadian Mental Health Association Toronto Branch v So 2021
Landlord wins case against tenant who tampered with electrical fixtures, putting safety at risk
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 502 Gilbert Avenue, Toronto, ON M6E 4X5
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2021
Hearing Date
Sep 2021
Order Date
Dec 22, 2021
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant tampering with electrical fixtures, which the Landlord claimed seriously impaired the safety of others in the residential complex. The Tenant was not present at the hearing.
Determinations
- Landlord served valid N7 Notice
- Tenant tampered with electrical fixtures, seriously impairing safety
- Tenant rectified the situation after June 2021 inspection
- No ongoing safety issues noted in recent unit visit
Case Study
While the Tenant's actions have seriously impaired safety, she has also rectified the situation following the June 2021 inspection. The more recent visit by the housing worker did not note any ongoing safety issues within the unit. The risk posed by Tenant's behaviour can be addressed with the conditions set out in the order.
Arguments and Actions
Landlord
Actions
Landlord's witness, an embedded housing worker, attended the Tenant's unit on June 16, 2021 after being notified by the Tenant's case worker that the Tenant was tampering with electrical fixtures. The witness noted that the Tenant had taped all the outlets and light fixture sockets.
Tenant
Actions
Tenant tampered with electrical fixtures in the unit, believing the fixtures were not grounded and causing her to feel electrical sensations. Tenant agreed to remove the tape during the inspection but refused to have the building maintenance inspect the fixtures.
Decision Summary
The Landlord's application for eviction of the Tenant is denied on the condition that: 1) The Tenant shall not tamper with any of the electrical fixtures in the rental unit; 2) The Tenant shall not deny access to the unit or impede the Landlord's ability to inspect the unit; and 3) The Tenant shall not engage in aggressive behaviour towards other individuals at the residential complex. The Tenant shall pay the Landlord $186.00 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
161
Landlord Favorable
92.5%
Tenant Favorable
5.0%
Mutual Agreement
2.5%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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