CAPREIT LIMITED PARTNERSHIP v Dixon - Landlord Wins Eviction Case for Tenant Assault
Toronto landlord wins eviction case against tenant who assaulted another resident and engaged in other disruptive behavior
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 2543 Lake Shore Blvd W, Toronto, ON M8V1E9
Decision in favor of
landlord
Balance Owed to Tenant
-$1,025
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Jul 2023
Order Date
Jul 18, 2023
Tenancy End Date
Jul 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant committing an illegal act by assaulting another tenant, and the Tenant seriously impairing the safety of the victim.
Determinations
- Adjournment request denied
- Tenant in possession of rental unit
- Landlord served valid N6 and N7 notices
- Tenant assaulted another tenant on January 29, 2023
- Tenant's behavior seriously impaired the safety of the victim
- Tenant continued to engage in illegal acts after the incident
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The Tenant committed an illegal act by assaulting another person at the residential complex, and the Tenant's behavior seriously impaired the safety of the victim. The Tenant's ongoing disruptive behavior, including sending threatening messages and stealing a tenant's parcel, does not justify granting relief from eviction.
Arguments and Actions
Tenant
Arguments
Tenant claims the Landlord has continuously harassed her and wants to evict her so they can raise the rent. Tenant says the harassment has worsened her mental health issues.
Actions
Tenant assaulted another tenant in the laundry room, which was captured on video. Tenant continued to engage in illegal acts after the incident, including sending threatening messages and stealing another tenant's parcel.
Aggravating Factors
Tenant sent threatening text message to Landlord's representativeTenant vandalized another tenant's doorTenant stole another tenant's parcel
Decision Summary
The tenancy is terminated effective July 23, 2023. The Tenant must move out of the rental unit by that date. If the unit is not vacated by July 23, 2023, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement starting July 24, 2023. The Tenant shall pay the Landlord $186 for the cost of filing the application. The Landlord owes the Tenant $1,210.94 for the rent deposit and interest, which exceeds the amount the Landlord is entitled to. However, the Landlord is authorized to deduct $39.79 per day for compensation for the use of the unit starting April 14, 2023 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
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Financial Details
Application Fee
$186
Rent Deposit
$1,211
Total Owing
-$1,025 (Owed to Tenant)
Source
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