Chu v Wysocki: Tenant Eviction for Safety Impairment in Kitchener, ON
Kitchener tenant evicted for harassing and threatening another tenant, impacting safety
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 66 Belwood Crescent, Kitchener, ON N2C1Z3
Decision in favor of
landlord
Balance Owed to Landlord
$1,513
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Sep 2022
Order Date
Oct 4, 2022
Tenancy End Date
Nov 2022
Dispute Summary
Landlord applied for termination and eviction due to Tenant's substantial interference with reasonable enjoyment, wilful or negligent damage to premises, serious impairment of safety, and wilful undue damage. Landlord also sought payment for utility costs and damages.
Determinations
- Guest-related safety impairment not established
- Landlord proved grounds for termination
- Landlord's claim for out-of-pocket expenses not proven
- Marijuana use allegation not proven
- N5 notice served on April 11, 2022
- N7 notice served on May 5, 2022
- Serious impairment of safety established
- Tenancy terminated
- Tenant must move out by November 30, 2022
- Tenant was in possession on application date
Case Study
The Tenant's pattern of threats and harassment towards another tenant constituted a serious impairment of safety, which is grounds for termination. The Landlord failed to prove claims of marijuana use and guest-related safety impairment. The Tenant's request for a delayed eviction was granted due to potential housing difficulties.
Arguments and Actions
Landlord
Arguments
Landlord argued that Tenant's actions constituted serious impairment of safety.
Actions
Landlord received complaints from the upstairs tenant about harassment and threats.
Procedural Errors
Landlord's N5 notice lacked details regarding damages claim.
Tenant
Arguments
Tenant characterized interactions as mutual disagreement.
Actions
Tenant sent threatening text messages, used a loudspeaker to direct obscenities, approached the other tenant physically, turned off power to the complex, and violated no-contact conditions.
Aggravating Factors
Harassment and threats towards another tenant, turning off power to the complex, violating no-contact conditions
Decision Summary
The tenancy is terminated due to the Tenant's serious impairment of another tenant's safety through harassment and threats. The Tenant must vacate by November 30, 2022. The Tenant owes the Landlord $1,512.57 for October rent, filing fee, minus interest on the rent deposit.
Adjudicator Details
LTB Member
Total Orders
18
Landlord Favorable
94.4%
Tenant Favorable
5.6%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,350
Application Fee
$186
Rent Deposit
$1,350
Deposit Interest
$23
Total Owing
$1,513 (Owed to Landlord)
Source
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