Grey County Housing v Heasman - LTB Ruling on Tenant Eviction for Substantial Interference
Landlord granted eviction order against tenant due to disruptive behavior by tenant's father, but eviction postponed to allow tenant to find new housing
Summarized by RentZenLast updated: November 3, 2024
Case Summary
102 Parker St W, Meaford, ON N4L1S4
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Mar 2024
Order Date
Jun 13, 2024
Tenancy End Date
Aug 2024
Dispute Summary
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.
Determinations
- Landlord served valid N5 notices
- Tenant's father involved in physical altercation with neighbor on April 19, 2023
- Tenant's father is a regular visitor and guest who causes problems
- Other tenants feel harassed and traumatized by Tenant and her father's behavior
Arguments and Actions
Landlord
Arguments
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.
Actions
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
Arguments
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.
Actions
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.
Decision Summary
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.
Reason for Eviction Relief
Tenant's limited income and difficulty finding alternative accommodation
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
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Financial Details
Lawful Rent
$237
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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