Landlord Wins Eviction Case Against Tenant with Assault Charges: Seward (frudd) v Pollock 2024
Peterborough tenant facing eviction after assault charges and persistent rent arrears
Summarized by RentZenLast updated: August 6, 2024
Case Summary
734 Chemong Rd, Peterborough, ON K9H5Y9
Decision in favor of
landlord
Balance Owed to Landlord
$15,096
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2024
Hearing Date
Apr 2024
Order Date
May 6, 2024
Tenancy End Date
May 2024
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to illegal acts, persistent late payment of rent, non-payment of rent, and unauthorized occupant. The Tenant applied for an order determining the Landlord illegally entered the rental unit, changed the locks without providing replacement keys, substantially interfered with the Tenant's reasonable enjoyment, and harassed the Tenant.
Determinations
- Tenant did not prove allegations in T2 application
- Landlord changed locks due to damage and left keys
- Tenant responsible for hydro, suspended service
- Landlord did not interfere with vital services
- Tenant properly served with N4, N6 and N8 notices
- Tenant committed illegal act and was persistently late in paying rent
Case Study
The Tenant did not prove the allegations in the T2 application on a balance of probabilities. The Landlord changed the locks due to damage and left the keys at the unit. The Tenant was responsible for hydro and suspended the service. The Landlord did not interfere with vital services. The Tenant was properly served with the N4, N6 and N8 notices. The Tenant committed an illegal act and was persistently late in paying rent.
Arguments and Actions
Tenant
Actions
Tenant was involved in a domestic dispute, charged with assault, and ordered not to return to the rental unit. Tenant suspended hydro services while not allowed at the unit.
Decision Summary
The Tenant's T2 application is dismissed. The tenancy is terminated unless the Tenant pays $15,096 by May 31, 2024 to void the order. If the Tenant voids the order, the tenancy will continue if the Tenant meets certain conditions. The Tenant must pay $9,941.78 to the Landlord if the order is not voided.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$1,790
Rent Arrears
$13,120
Application Fee
$186
Rent Deposit
$1,750
Deposit Interest
$118
Total Owing
$15,096 (Owed to Landlord)
Source
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