Udaskin v Lewis: Tenant Eviction for Safety Impairment and Property Damage
Windsor tenant evicted for stealing package, caught on security camera
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 1666 Ouellette Avenue, Windsor, ON N8X4V2
Decision in favor of
landlord
Balance Owed to Landlord
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Nov 2021
Order Date
Feb 22, 2022
Tenancy End Date
Feb 2022
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant due to serious impairment of safety and willful damage to the premises. The Landlords also sought compensation for damages.
Determinations
- Landlord incurred reasonable repair costs
- Landlord issued valid N7 notice
- Tenant assaulted superintendent
- Tenant caused undue damage to property
- Tenant damaged fire alarm and threw garbage at fire responders
- Tenant's actions seriously impaired safety
Case Study
The Tenant's actions of damaging the fire alarm, throwing garbage at fire department responders, and assaulting the superintendent were found to seriously impair safety and cause undue damage to the property. The Landlords provided sufficient evidence to prove their claims, while the Tenant did not attend to present any defense or mitigating circumstances.
Arguments and Actions
Landlord
Arguments
Landlord argued that Tenant's actions seriously impaired safety and caused undue damage to the property.
Actions
Landlord complied with Electrical Safety Authority orders by repairing damage caused by Tenant.
Tenant
Actions
Tenant damaged fire alarm, threw garbage at fire responders, assaulted superintendent, removed light receptacles, broke switches, removed smoke detector, and damaged exterior door.
Procedural Errors
Tenant did not attend the hearing
Aggravating Factors
Continued disruptive behavior and property damage after N7 notice was issued
Decision Summary
The tenancy is terminated and the Tenant must vacate by February 27, 2022. The Tenant is ordered to pay $1,173.84 for property damage, $3,025.64 for compensation of unit use, and $186.00 for application filing costs. If the Tenant does not vacate by the specified date, the Landlords may file for eviction enforcement.
Adjudicator Details
LTB Member
Total Orders
721
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.4%
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Financial Details
Lawful Rent
$950
Application Fee
$186
Rent Deposit
$950
Damages
$1,174
Other Owed Amount
$3,026
Compensation for use of unit from October 18, 2021 to February 22, 2022
Source
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