Landlord Wins Eviction Case Against Abusive Tenant in Hamilton: Malleum Real Estate Management Corp v Hind 2022
Hamilton landlord awarded $3652 after evicting abusive tenant who left numerous hostile voicemails
Summarized by RentZenLast updated: July 26, 2024
Case Summary
9624 Main Street E, Hamilton, ON L8M1J7
Decision in favor of
landlord
Balance Owed to Landlord
$3,839
Dispute Categories
Notices Sent
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Timeline
Application Date
Jun 2021
Hearing Date
Sep 2021
Order Date
Feb 11, 2022
Tenancy End Date
Feb 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's conduct that substantially interfered with the Landlord's reasonable enjoyment and lawful rights. The Landlord had previously served three N5 notices on the Tenant for this issue.
Determinations
- Landlord served valid N5 notices
- Tenant's conduct substantially interfered with Landlord's reasonable enjoyment and lawful rights
- Tenant refused entry for repairs and inspections
- Tenant used abusive, hostile, and insulting language towards Landlord's staff
Case Study
The Landlord's conduct allegations were substantiated, and the Tenant's behavior amounted to a substantial interference with the Landlord's reasonable enjoyment and lawful rights. The Tenant did not attend the hearing to provide evidence on relief from eviction.
Arguments and Actions
Tenant
Actions
Tenant refused entry for repairs and inspections, and left numerous abusive, hostile, and insulting voicemails for the Landlord's staff.
Aggravating Factors
Tenant continued to leave abusive voicemails for the Landlord even after the application was filed, suggesting an unwillingness or inability to stop the problematic behavior.
Decision Summary
The tenancy is terminated, and the Tenant must vacate the rental unit by February 22, 2022. The Tenant is ordered to pay the Landlord $3,652.56 in compensation for use of the unit, plus $18.36 per day from February 12, 2022 until the Tenant vacates, and $186 for the application filing fee.
Adjudicator Details
LTB Member
Total Orders
721
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.4%
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Financial Details
Application Fee
$186
Damages
$3,653
Total Owing
$3,839 (Owed to Landlord)
Source
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