Landlord Wins Eviction Case Against Disruptive Tenant
Landlord wins eviction case against tenant who caused property damage and safety issues at Hamilton rental unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 150 Market St, Hamilton, ON L8R3H6
Decision in favor of
landlord
Balance Owed to Landlord
$2,548
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Nov 2023
Hearing Date
Mar 2024
Order Date
Apr 12, 2024
Tenancy End Date
Apr 2024
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's behavior, including smashing a window, throwing a door out of the window, and causing flooding in the unit below. The Landlord also claimed compensation for the damages caused by the Tenant.
Determinations
- Landlord served valid N7 and N5 notices
- Tenant was in possession on application date
- Tenant's behavior seriously impaired safety of others
- Tenant wilfully caused undue damage to the premises
- Tenant's behavior substantially interfered with Landlord's rights
- Tenant did not correct behavior within 7-day period
Arguments and Actions
Landlord
Arguments
The Landlord argued that the Tenant's behavior seriously impaired the safety of others, caused undue damage to the premises, and substantially interfered with the Landlord's rights.
Actions
The Landlord served the Tenant with N7 and N5 notices, attempted to conduct inspections, and incurred costs to repair the damages caused by the Tenant.
Tenant
Actions
The Tenant smashed a window, threw a door out of the window, and caused flooding in the unit below.
Aggravating Factors
The Tenant's behavior, including smashing a window, throwing a door out of the window, and causing flooding in the unit below, seriously impaired the safety of others and caused undue damage to the premises. The Tenant's behavior has been an issue since the start of the tenancy and has not improved.
Decision Summary
The Landlord's application is granted. The tenancy is terminated effective April 23, 2024. If the Tenant does not vacate by that date, the Landlord may file the order with the Sheriff for enforcement. The Tenant must pay the Landlord $2,547.70 for damages and the application fee. If the Tenant does not pay by April 23, 2024, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
687
Landlord Favorable
85.4%
Tenant Favorable
10.6%
Mutual Agreement
3.9%
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Financial Details
Application Fee
$186
Damages
$2,362
Total Owing
$2,548 (Owed to Landlord)
Source
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