Landlord Wins Eviction Case Against Tenant Who Caused Damage and Impaired Safety: The Corporation of The County Of Wellington v Wright 2021
Landlord successfully evicts tenant for illegal acts, safety issues, and property damage in Harriston, Ontario
Summarized by RentZenLast updated: July 26, 2024
Case Summary
38 Elizabeth Street, Harriston, ON N0G1Z0
Decision in favor of
landlord
Balance Owed to Landlord
$3,492
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Apr 2020
Hearing Date
Mar 2021
Order Date
May 17, 2021
Tenancy End Date
May 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant committing an illegal act, seriously impairing the safety of others, and wilfully causing undue damage to the rental unit and residential complex.
Determinations
- Landlord served valid N6 and N7 Notices
- Tenant committed illegal acts by possessing a firearm while prohibited and recklessly discharging it
- Tenant's actions seriously impaired the safety of others
- Tenant wilfully caused undue damage to the rental unit and residential complex
- Expedited enforcement of the eviction order is appropriate
Case Study
The Tenant's actions, including discharging a firearm in the rental unit and residential complex, possessing a firearm while prohibited, and causing significant damage to the property, constitute illegal acts and serious impairment of safety. The Landlord has established the grounds for termination of the tenancy and the Tenant's request for relief from eviction is denied.
Arguments and Actions
Tenant
Arguments
The Tenant argued that the other tenant who reported him causes problems and that they had exchanged words, with the other tenant kicking his door, which led him to turn up his music.
Actions
The Tenant acknowledged responsibility for the damage in his unit and stated that the holes occurred when his friends came over and 'things got crazy'. He denied firing the BB gun towards the other tenant's direction, claiming he was inebriated at the time.
Aggravating Factors
The Tenant discharged a firearm in the rental unit and residential complex, possessed a firearm while prohibited, and caused significant damage to the property.
Decision Summary
The tenancy is terminated effective May 17, 2021. The Tenant must vacate the rental unit by May 28, 2021. The Tenant is ordered to pay the Landlord $3,316.55 for the cost of repairs, $175 for the application fee, and $4.77 per day for use of the unit from May 18, 2021 until the Tenant vacates. If the Tenant does not pay the full amount by May 28, 2021, interest will accrue at 2% annually on the outstanding balance. The Sheriff is directed to expedite enforcement of the eviction order.
Adjudicator Details
LTB Member
Total Orders
127
Landlord Favorable
97.6%
Tenant Favorable
0.8%
Mutual Agreement
1.6%
Need assistance from an expert?
Sponsored
Financial Details
Application Fee
$175
Damages
$3,317
Total Owing
$3,492 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.