Landlord Wins Eviction Case Against Hoarder Tenant in Sudbury: Ceming v Wyman 2022
Sudbury landlord evicts hoarder tenant for interfering with other tenants
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1525 Paris Street, Sudbury, ON P3E5K2
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2021
Hearing Date
Jan 2022
Order Date
Jan 13, 2022
Tenancy End Date
Jan 2022
Dispute Summary
Landlords applied to terminate the tenancy and evict the Tenant due to the Tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlords or another tenant. The Landlords described the Tenant as a severe hoarder, and neighboring tenants were experiencing increased pest control problems that could not be resolved due to the issues in the Tenant's rental unit.
Determinations
- Landlords hired cleaning company to assist Tenant, but Tenant cancelled appointments
- Neighboring tenants experiencing increased pest control problems
- Pest control measures will not be successful due to issues in Tenant's unit
- Tenant is a severe hoarder
- Tenant's conduct has substantially interfered with other tenants' enjoyment and Landlords' rights
- Tenant's unit is a fire hazard due to extensive combustibles
Case Study
The Landlords have attempted to work with the Tenant to clean up the rental unit, but the Tenant has cancelled appointments with the cleaning company. The Landlords' pest control company has reported that pest control measures will not be successful due to the issues in the Tenant's rental unit, and the Greater Sudbury Fire Services has reported that the Tenant's unit is a fire hazard due to the extensive amount of combustibles. The Tribunal found that the Tenant's conduct has substantially interfered with the other tenants' reasonable enjoyment of the residential complex and with the Landlords' lawful right, privilege or interest. The Tribunal considered all the disclosed circumstances and found that it would be unfair to grant relief from eviction.
Arguments and Actions
Landlord
Actions
Landlords have attempted to work with the Tenant to clean up the rental unit, but the Tenant has cancelled appointments with the cleaning company.
Tenant
Actions
Tenant is a severe hoarder, and neighboring tenants are experiencing increased pest control problems due to issues in the Tenant's unit.
Decision Summary
The tenancy is terminated effective January 24, 2022, and the Tenant must move out of the rental unit on or before that date. The Tenant is ordered to pay the Landlord $186.00 for the cost of filing the application. If the Tenant does not pay the full amount by January 24, 2022, the Tenant will start to owe interest at 2.00% annually on the outstanding balance. If the unit is not vacated by January 24, 2022, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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