Hastings Local Housing Corporation v Koebel - LTB Overturns Eviction Order
LTB overturns eviction order, finds tenant not responsible for guest's actions that caused damage
Summarized by RentZenLast updated: October 13, 2024
Case Summary
107 Turnbull St, Belleville, ON K8N3C9
Decision in favor of
tenant
Previous Order
Overturned
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Sep 2023
Order Date
Mar 26, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's guest causing damage to the residential complex, which was a breach of a previous consent order. The Tenant brought a motion to set aside the ex parte order issued in favor of the Landlord.
Determinations
- Tenant's daughter caused damage to residential complex on June 2, 2023
- Tenant did not permit her daughter to be in the residential complex
- Tenant tried to have her daughter leave the building when she became aware she was there
Case Study
The Member's determination that the Tenant's daughter was her guest at the time she caused damage to the residential complex conflicts with the Divisional Court's decision in Musse v. 6965083 Canada Inc. The evidence showed the Tenant did not voluntarily agree to allow her daughter in the building, and actively tried to have her leave. The order also failed to adequately address the evidence that the Tenant's daughter left the building for nearly 2 hours before returning and causing the damage.
Arguments and Actions
Tenant
Arguments
The Tenant did not permit her daughter to be in the residential complex at the time she caused damage, and actively tried to have her leave.
Actions
Tenant's daughter got into the building and came to the rental unit. Tenant gave her daughter the scooter and told her to leave. Tenant's daughter left the building for about 2 hours, then returned and caused damage in the laundry room.
Decision Summary
The request to review the order issued on November 21, 2023 is granted. The order issued on July 20, 2023 is set aside, and the original consent order issued on June 12, 2023 remains unchanged. The Tenant did not breach the conditions of the June 12, 2023 order.
Reason for Eviction Relief
The Tenant did not permit her daughter to be in the residential complex at the time she caused damage.
Adjudicator Details
LTB Member
Total Orders
163
Landlord Favorable
87.7%
Tenant Favorable
3.7%
Mutual Agreement
8.6%
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