Last updated: November 27, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Monies to be paid to Landlord
$186
Agree with the ruling?
Application Date
Feb 2023
Hearing Date
Feb 2024
Order Date
Mar 27, 2024
The Landlord has proven the grounds for termination of the tenancy. However, given the Tenant's steps to address her behavioral issues, the Tenant is granted relief from eviction and the tenancy will continue if the Tenant meets the conditions set out in the order. The Tenant must not commit any illegal acts or seriously impair the safety of another person at the residential complex. If the Tenant fails to comply with the conditions, the Landlord may apply to terminate the tenancy and evict the Tenant. The Tenant must also pay the Landlord $186 for the cost of filing the application.
The Tenant has been taking steps to address her behavioral issues, is getting better, and documentation was submitted in support of this assertion.
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant committing an illegal act and seriously impairing the safety of another resident. The Landlord alleged that on November 1, 2022, the Tenant went to another resident's unit in an agitated state, demanded the resident open the door, and then forcefully pushed and kicked the door open, causing it to hit the pregnant resident. The Tenant was subsequently charged and released on an undertaking with a no-contact order. The Landlord also alleged the Tenant has been hostile and intimidating towards the other resident since the incident.
The Landlord's agent submitted that this is not the first time the Tenant has engaged in this type of behavior with another resident, and that there have been several complaints from other residents who feel unsafe because of the Tenant. The Landlord also alleged that the Tenant has been hostile and intimidating towards the other resident since the incident.
The Tenant attributes her behavior on the day of the incident to her disability of alcoholism, and submits that by consuming a few glasses of wine, she negated the effects of her medication that she takes to treat her anxiety and depression, which heightened the negative behaviors associated with these conditions. The Tenant also submits that she has been taking steps to address her behavioral issues and is getting better.
The Tenant went to another resident's unit in an agitated and angry state, demanding the resident open the door, and then pushed and kicked the door open when the resident began to close it. The Tenant denies intending to hit or hurt the resident, and claims she injured her own toe when she kicked the door. The Tenant also sent a text to the superintendent threatening to kill the resident's family, but later indicated she did not want to harm anyone.
The Tenant went to another resident's unit in an agitated and angry state, demanded the resident open the door, and then forcefully pushed and kicked the door open, causing it to hit the pregnant resident.The Tenant returned to the resident's unit that same day and banged on the door, while the resident and superintendent were waiting for the police.The Tenant threatened to kill the resident's family via text to the superintendent.The Tenant's behavior has resulted in fear and anxiety for the resident and her family's safety at the residential complex.
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Lawful Rent
$1,706
Application Fee
$186
Total Amount to Be Paid
$186 (To be paid to Landlord)
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