Landlord Wins Substantial Interference Case Against Tenant: Greater Sudbury Housing Corporation v Brohart 2022
Landlord granted relief from eviction after tenant's guest caused damage and threats in Sudbury housing complex
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 166 Louis Street, Sudbury, ON P3B2H3
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jan 2022
Order Date
Jan 13, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because a guest of the Tenant caused damage and substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant.
Determinations
- A person permitted in the residential complex by the Tenant caused damage and substantially interfered with the reasonable enjoyment of the residential complex.
- Considering the fact it was guest of the Tenant's who committed these acts, it is appropriate to grant relief from eviction with conditions.
- Later that same day, the Tenant's guest threatened another tenant who resides in the residential complex.
- On September 13, 2021 a guest of The Tenant's was captured on video surveillance laying on the floor in the hallway kicking and causing damage including holes in the wall. The cost to repair the damage was $650.00.
Case Study
The Landlord was granted relief from eviction with conditions. The Tenant, an occupant of the rental unit or any person the Tenant permits into the residential complex shall not substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant for the next twelve consecutive months. If the Tenant fails to comply, the Landlord can apply to the Board for an order terminating the tenancy and evicting the Tenant.
Arguments and Actions
Tenant
Actions
A guest of the Tenant's was captured on video surveillance laying on the floor in the hallway kicking and causing damage including holes in the wall. The same guest later threatened another tenant.
Decision Summary
The Tenant, an occupant of the rental unit or any person the Tenant permits into the residential complex shall not substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant for the next twelve consecutive months. If the Tenant fails to comply, the Landlord can apply to the Board for an order terminating the tenancy and evicting the Tenant. The Tenant shall pay the Landlord $186.00 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
Need assistance from an expert?
Sponsored
Financial Details
Application Fee
$186
Damages
$650
Total Owing
$186 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.