CityHousing Hamilton Corporation v Al-Kaabi - LTB Ruling on Tenant Eviction
Hamilton landlord successfully evicts tenant for alleged assault on another tenant
Summarized by RentZenLast updated: October 13, 2024
Case Summary
181 Jackson St W, Hamilton, ON L8P1L8
Decision in favor of
landlord
Balance Owed to Landlord
$3,476
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2024
Hearing Date
Jul 2024
Order Date
Aug 23, 2024
Tenancy End Date
Sep 2024
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to an alleged assault by the Tenant on another tenant at the residential complex. The Landlord claimed the Tenant committed an illegal act and seriously impaired the safety of another person.
Determinations
- Landlord served valid N6 and N7 Notices
- Tenant assaulted another tenant at the residential complex
- Assault was an illegal act that seriously impaired the safety of another person
- Tenant must vacate unit by September 30, 2024
- Tenant owes $3,290.36 in compensation plus $19.13 per day until vacated
- Tenant must pay $186 application filing fee
Arguments and Actions
Landlord
Actions
Landlord's Property Manager testified about the assault incident, providing evidence from the security incident report and video footage.
Tenant
Arguments
Tenant argues the eviction was retaliatory due to a previous incident with the Property Manager.
Actions
Tenant alleges the assault was self-defense because the other tenant was 'bothering' the Tenant and others at the picnic table, and that it was just a 'little scratch'.
Decision Summary
The Landlord proved the grounds for termination of the tenancy due to the Tenant committing an illegal act and seriously impairing the safety of another person. The tenancy is terminated effective September 30, 2024, and the Tenant must pay the Landlord $3,476.36 in compensation and costs.
Reason for Eviction Relief
To allow the Tenant time to find alternate housing
Adjudicator Details
LTB Member
Total Orders
29
Landlord Favorable
72.4%
Tenant Favorable
24.1%
Mutual Agreement
3.5%
Need assistance from an expert?
Sponsored
Financial Details
Application Fee
$186
Other Owed Amount
$3,290
Compensation for use and occupation of unit
Total Owing
$3,476 (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.