Haldimand-Norfolk Housing Corporation v Thain - LTB Ruling on Illegal Act
Tenant evicted for assaulting other tenants in residential complex, despite having bipolar disorder
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 68 Selkirk St, Caledonia, ON N3W1L9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Aug 2024
Order Date
Sep 4, 2024
Tenancy End Date
Sep 2024
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant or another occupant of the rental unit has committed an illegal act or has carried out, or permitted someone to carry out an illegal trade, business or occupation in the rental unit or the residential complex.
Determinations
- Landlord served valid N6 Notice
- Tenant assaulted two other tenants on January 19, 2024
- Tenant charged by OPP for two counts of assault
- Tenant has bipolar disorder
- Landlord attempted to accommodate Tenant's disability
Arguments and Actions
Tenant
Arguments
Tenant argued his conduct was in self-defense and due to his bipolar disorder.
Actions
Tenant assaulted two other tenants on January 19, 2024, causing injuries.
Decision Summary
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy due to the Tenant committing an illegal act. The tenancy is terminated and the Tenant must move out by September 15, 2024. The Landlord is entitled to $186 for the application fee, and the Tenant is owed $481.49 for the rent deposit and interest.
Adjudicator Details
LTB Member
Total Orders
342
Landlord Favorable
91.5%
Tenant Favorable
6.7%
Mutual Agreement
1.8%
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Financial Details
Lawful Rent
$115
Application Fee
$186
Rent Deposit
$657
Deposit Interest
$10
Source
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