Landlord Wins Eviction Case Against Disruptive Tenant in Windsor: Windsor Essex Community Housing Corporation v Wood 2021
Windsor landlord successfully evicts disruptive tenant who impaired safety and substantially interfered with other tenants
Summarized by RentZenLast updated: July 26, 2024
Case Summary
15 Jos Janisse Avenue, Windsor, ON N8Y 4X4
Decision in favor of
landlord
Balance Owed to Landlord
$175
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2020
Hearing Date
Mar 2021
Order Date
May 6, 2021
Tenancy End Date
May 2021
Dispute Summary
The Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant's or persons permitted by the Tenant's behavior that seriously impaired the safety of any person, substantially interfered with the reasonable enjoyment of other tenants, and caused damage to property.
Determinations
- Landlord served valid N5 notice on May 20, 2020
- Tenant's behavior, including being loud, profane, violent, and belligerent, as well as removing smoke/carbon monoxide detectors, constituted serious misconduct that substantially interfered with the reasonable enjoyment of other tenants
- No further misbehavior by Tenant in 7 days after first N5 notice
- Landlord served second, non-voidable N5 notice on June 19, 2020
- Multiple incidents of Tenant or persons permitted by Tenant being loud, profane, violent, and belligerent, including fights with weapons in front of the residential complex
- Police regularly called to the residential complex due to Tenant's conduct
- Unfair to grant relief from eviction
Case Study
The Landlord served a valid N5 notice on the Tenant, and the Tenant's behavior, including being loud, profane, violent, and belligerent, as well as removing smoke/carbon monoxide detectors, constituted serious misconduct that substantially interfered with the reasonable enjoyment of other tenants. The Landlord's application for termination of the tenancy was therefore granted.
Arguments and Actions
Tenant
Aggravating Factors
The Tenant has repeatedly been loud, profane, violent and belligerent, and her guests have exhibited similar behavior. Fights, from profane verbal tirades to actual physical battles with weapons, have taken place in the open, in front of the residential complex, where other tenants and their children are trying to live normal lives. Police are regularly called to the residential complex due to the Tenant's conduct. The Tenant has further impaired the safety of any person by removing smoke or carbon monoxide detectors from her unit, which is part of a larger residential complex.
Decision Summary
The tenancy between the Landlord and the Tenant is terminated as of May 6, 2021, and the Tenant must move out of the rental unit on or before May 13, 2021. The Tenant shall pay the Landlord $175.00 for the cost of filing the application. If the unit is not vacated by May 13, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.
Adjudicator Details
LTB Member
Total Orders
129
Landlord Favorable
86.8%
Tenant Favorable
4.7%
Mutual Agreement
8.5%
Need assistance from an expert?
Sponsored
Financial Details
Application Fee
$175
Total Owing
$175 (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.