E.V. and H.W. v A**** E.L., M.L. and A.L.
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: E.V. and H.W. v A.L., E.L., M.L. and A.L., 2017 CanLII 94079 (ON LTB)
File Number: TEL-84011-17
Timeline
Hearing Date
Oct 2017
Tenancy End Date
Oct 2017
Order Date
Nov 7, 2017
Decision
The tenancy is terminated effective October 31, 2017. The Tenants must vacate the unit by November 12, 2017. The Tenants must pay the Landlords $566.38, which represents compensation for use of the unit from September 18, 2017 to November 7, 2017, less the rent deposit and interest owed on the deposit. The Tenants must also pay $27.95 per day for compensation for use of the unit from November 8, 2017 until they move out, as well as $175 for the cost of filing the application.
Dispute
Landlords applied for an order to terminate the tenancy and evict Tenants due to the Tenants, another occupant, or someone they permitted in the residential complex wilfully or negligently causing undue damage to the premises, and because they or another occupant committed an illegal act involving the production, trafficking, or possession of illegal drugs for the purpose of trafficking in the rental unit.
Determinations
- Landlords served Tenants with Notice of Termination due to police raid and seizure of drugs
- First-named Tenant arrested and charged with possession for the purpose of trafficking cocaine
- Tenants did not know their son was involved in drugs
- Tenancy cannot be sustained due to first-named Tenant's charges and behavior
- Termination date of October 31, 2017 is warranted
- Landlords collected $850 rent deposit, which will be returned with interest
Landlord's Arguments
Actions and Evidence
Landlords believed a dead body was taken away from the rental unit, but could not substantiate this claim
Tenant's Arguments
Actions and Evidence
Tenants' son was involved in drugs and arrested, Tenants did not know about it
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