Landlord Wins Eviction Case Against Tenant with Mental Health Issues: Ottawa Community Housing Corporation v Strackholder 2022
Ottawa landlord evicts tenant with schizophrenia for violent behavior
Summarized by RentZenLast updated: July 22, 2024
Case Summary
308 1465 Caldwell Ave, Ottawa, ON K1Z8L9
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
May 2022
Hearing Date
Nov 2022
Order Date
Nov 28, 2022
Tenancy End Date
Jan 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant committing illegal acts and seriously impairing the safety of others within the residential complex.
Determinations
- Landlord served valid N6 and N7 Notices
- No reasonable accommodation possible without undue hardship to Landlord and other tenants
- Tenant committed illegal acts within the residential complex
- Tenant seriously impaired the safety of others
- Tenant's conduct disturbed and interfered with the reasonable enjoyment and safety of others
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The Tenant's conduct, including threatening and assaulting the Landlord's property manager and a volunteer worker, seriously impaired the safety of others within the residential complex. While the Tenant's mental health issues were considered, no reasonable accommodation could be made without causing undue hardship to the Landlord and other tenants. The Tenant's long-term tenancy and lack of repeated incidents since the application was filed warranted a delayed eviction date to allow the Tenant additional time to secure alternate housing.
Arguments and Actions
Tenant
Arguments
Tenant argued his conduct was due to his mental health issues and schizophrenia diagnosis. Tenant submitted letters from his psychiatrist and social worker indicating a change in medication and plans for additional support upon release from the hospital.
Actions
Tenant grabbed Landlord's property manager by the shirt and threatened to kill him. Tenant placed a sharp piece of Plexiglas against a volunteer worker's neck. Tenant smoked inside the residential complex, which is prohibited.
Decision Summary
The tenancy is terminated effective January 31, 2023. The Tenant must vacate the rental unit by this date. If the unit is not vacated, the Landlord may file the order with the Court Enforcement Office for enforcement starting February 1, 2023. The Tenant must also pay the Landlord $186 for the cost of filing the application.
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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