Last updated: November 3, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$186
to Landlord
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Citation: Grey County Housing v Heasman, 2024 ONLTB 43423
File Number: LTB-L-049317-23
Application Date
Jun 2023
Hearing Date
Mar 2024
Order Date
Jun 13, 2024
Tenancy End Date
Aug 2024
The Landlord has proven the grounds for termination of the tenancy due to the Tenant or her guests substantially interfering with the reasonable enjoyment of the residential complex by the Landlord and other tenants. Although a conditional order was considered, it is unlikely to be successful given the Tenant's inability to control her father's behavior. The tenancy is terminated, but the eviction is postponed until August 31, 2024 to allow the Tenant to find alternative accommodation.
Tenant's limited income and difficulty finding alternative accommodation
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord served the Tenant with two N5 notices of termination, the first related to theft and harassment allegations, and the second related to an altercation between the Tenant's father and a neighbor on April 19, 2023.
Landlord requests eviction because the Tenant has created problems since move-in, was served two N5 notices, and continued to engage in altercations and call her father to the unit even after the April 2023 incident.
Landlord's witnesses described the incident on April 19, 2023 where the Tenant's father barged into Patty's unit and there was a physical altercation. Landlord's witnesses also testified about ongoing issues and complaints involving the Tenant and her father since the Tenant moved in.
Tenant has a disability and it will be very difficult for her to find another unit. A conditional order would be appropriate to allow her to preserve her tenancy.
Tenant called her father to the residential complex because she was having an argument with a neighbor named Patty. Tenant's father got into a physical altercation with Patty.
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Lawful Rent
$237
Application Fee
$186
Ordered Amount
$186 (to Landlord)
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