Landlord Wins Eviction Case After Tenant's Daughter Commits Violent Act: Cityhousing Hamilton Corporation v Rogers 2022
Hamilton landlord's application to evict tenant dismissed due to procedural error
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 700 Stonechurch Road W, Hamilton, ON L9B2M8
Decision in favor of
landlord
Balance Owed to Landlord
$3,300
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Oct 2021
Order Date
Jan 7, 2022
Tenancy End Date
Jan 2022
Dispute Summary
Landlord applied to terminate the tenancy and evict Tenant due to Tenant's daughter committing an illegal act by stabbing another person in the residential complex, and the Tenant's actions seriously impairing the safety of others.
Determinations
- Landlord served valid N6 and N7 Notices
- Tenant's actions seriously impaired safety of others in complex
- Tenant's daughter committed illegal act by stabbing another person
- Unfair to grant relief from eviction
Case Study
The Landlord provided sufficient evidence to show that the Tenant's daughter committed an illegal act by stabbing another person, and the Tenant's actions seriously impaired the safety of others in the residential complex. The Landlord properly served the N6 and N7 notices, and the Tenant did not void the notices. The Tribunal found it would be unfair to grant relief from eviction.
Arguments and Actions
Tenant
Actions
When served with the notices, the Tenant stated 'it wasn't their fault and they started it so Gemma took the knife and stabbed her real good'.
Aggravating Factors
Tenant's daughter committed illegal act of stabbing another person in the residential complex, and Tenant's actions seriously impaired the safety of others.
Decision Summary
The tenancy is terminated effective January 12, 2022. The Tenant must vacate the unit by that date and pay the Landlord $3,300 in compensation, plus $33.34 per day from January 8, 2022 until the Tenant vacates, and the $186 application fee. If the Tenant does not pay the full amount by January 12, 2022, the Landlord may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
367
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.5%
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Financial Details
Application Fee
$186
Other Owed Amount
$3,300
Compensation for use of unit from October 1, 2021 to January 7, 2022
Total Owing
$3,300 (Owed to Landlord)
Source
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