Landlord Wins Eviction Case Against Disruptive Tenant in Midland, ON: Mt. Lakeview Non-Profit Housing Corp C/O Bayshore Property Management Inc v Copegog 2023
LTB Rules on Eviction for Disruptive Tenant Behavior in Midland
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 860 Hartman Dr, Midland, ON L4R5C4
Decision in favor of
landlord
Balance Owed to Landlord
$1,572
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Feb 2022
Hearing Date
Oct 2022
Order Date
Feb 13, 2023
Tenancy End Date
Feb 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant substantially interfering with other tenant's reasonable enjoyment of the residential complex and the lawful rights, privileges and interests of the Landlord. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Excessive foot traffic caused by several people accessing the Tenant's rental unit at all times of the day and night, compromising building security
- Loud noises caused by the Tenant and her guests, particularly disturbing during the nighttime, disrupting other tenants
- Other tenants are petrified and scared to come testified, because they fear retaliation and violence from the Tenant and the Tenant's guests
- Police attend the Tenant's rental unit 3 to 4 times per week on average to deal with disturbances and what appears to be drug activity
- Tenant or Tenant's guests damaged the front cover of the stove
- Tenant substantially interfered with other tenant's reasonable enjoyment of the residential complex and the lawful rights, privileges and interests of the Landlord
- Tenant was in possession of the rental unit on the date the application was filed
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. The Tenant's behaviour and that of her guests has created unsafe conditions for anyone living or visiting the residential complex. Under these circumstances, the eviction order requested by the Landlord is granted.
Arguments and Actions
Tenant
Actions
Tenant substantially interfered with other tenants' reasonable enjoyment of the residential complex and the Landlord's rights, privileges and interests. Tenant's behaviour and that of her guests created unsafe conditions for anyone living or visiting the residential complex.
Decision Summary
The tenancy is terminated effective February 17, 2023. The Tenant must move out of the rental unit on or before February 17, 2023. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. The Tenant shall pay the Landlord $585.31 for compensation for use of the unit from February 3, 2022 to October 19, 2022, less the rent deposit and interest owed on the deposit. The Tenant shall also pay the Landlord $4.57 per day for use of the unit starting October 20, 2022 until the Tenant moves out, and $790.99 for the reasonable costs of repairing the damaged stove, and $186.00 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
360
Landlord Favorable
95.3%
Tenant Favorable
4.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$139
Application Fee
$186
Rent Deposit
$592
Deposit Interest
$6
Damages
$791
Other Owed Amount
$585
Compensation for use of unit from 2022-02-03 to 2022-10-19
Total Owing
$1,572 (Owed to Landlord)
Source
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