Landlord Wins Eviction Case Against Tenant with Hoarding Issues: London & Middlesex Community Housing v Quackenbush 2021
Landlord wins eviction case against tenant with hoarding issues in London, Ontario
Summarized by RentZenLast updated: July 26, 2024
Case Summary
725 Wharncliffe Road N, London, ON N6G2V3
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
May 2021
Order Date
May 13, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's excessive storage of items in the rental unit, which posed a serious safety risk. The Landlord submitted evidence of the Fire Department issuing a clean-up order to the Tenant, but the Tenant failed to comply.
Determinations
- Rental unit is a multi-unit apartment building owned by a community housing provider
- Tenant has occupied the unit since 2011 with rent geared to income
- Landlord was unable to enter the unit due to excessive possessions
- Fire Department issued a clean-up order to the Tenant
- Tenant did not dispute the excessive storage of items in the unit
- Excessive clutter poses a serious safety risk in the event of a fire
- Tenant to be given one more opportunity to comply with the order
Case Study
The Tenant was given one more opportunity to bring the unit into a safe condition and comply with the order. If the Tenant fails to comply, the Landlord can immediately seek to terminate the tenancy and evict the Tenant without further notice.
Arguments and Actions
Tenant
Actions
Tenant asserted she could and would bring the unit into a safe condition by the end of the month.
Decision Summary
The Tenant is given one more opportunity to bring the unit into a safe condition by May 31, 2021. If the Tenant fails to comply, the Landlord can immediately seek to terminate the tenancy and evict the Tenant without further notice.
Adjudicator Details
LTB Member
Total Orders
610
Landlord Favorable
84.3%
Tenant Favorable
8.7%
Mutual Agreement
7.0%
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Financial Details
Lawful Rent
$139
Source
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