Soper v. Doherty: Serious Safety Impairment and Damage in Barrie Rooming House
Barrie rooming house tenant evicted for threats, property damage, and unsanitary conditions
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 24A Bernick Dr, Barrie, ON L4M5J5
Decision in favor of
landlord
Balance Owed to Landlord
$1,525
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Sep 2022
Order Date
Sep 28, 2022
Tenancy End Date
Oct 2022
Dispute Summary
Landlord applied for termination and eviction due to Tenant seriously impairing safety and causing undue damage in a rooming house. Tenant's behavior included threats, property damage, and creating unsanitary conditions. Landlord also sought compensation for damages.
Determinations
- Eviction ordered
- Landlord entitled to compensation for damages
- Tenancy terminated
- Tenant caused undue damage to property
- Tenant seriously impaired safety of other tenants
Case Study
The Tenant's absence at the hearing and failure to provide any defense or explanation for their actions significantly weakened their position. To potentially change the outcome, the Tenant could have attended the hearing, provided evidence refuting the Landlord's claims, or demonstrated efforts to address and improve their behavior.
Arguments and Actions
Landlord
Arguments
Landlord argued that Tenant's actions constituted serious impairment of safety and undue damage to property.
Actions
Landlord attempted to address issues with Tenant and expressed concern about escalating aggression.
Tenant
Actions
Tenant threatened another tenant with violence and used a racial slur, smashed another tenant's phone, left blood throughout common areas, banged loudly on another tenant's door at 1:00 am, and left shower running causing water damage.
Procedural Errors
Tenant failed to attend the hearing despite proper notice.
Aggravating Factors
Repeated aggressive behavior, threats to other tenants, property damage, and creating unsanitary conditions in common areas.
Decision Summary
The tenancy is terminated due to the Tenant seriously impairing safety and causing undue damage. The Tenant must vacate by October 9, 2022, and pay $1,525.18 to the Landlord for damages, compensation, and application fees. If not vacated, eviction may be enforced starting October 10, 2022.
Adjudicator Details
LTB Member
Total Orders
18
Landlord Favorable
94.4%
Tenant Favorable
5.6%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$575
Application Fee
$186
Rent Deposit
$575
Deposit Interest
$5
Damages
$350
Other Owed Amount
$989
Compensation for use of unit from June 30, 2022 to September 21, 2022
Total Owing
$1,525 (Owed to Landlord)
Source
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