Landlord Wins Eviction Case Against Violent Tenant: Hazelview Properties v Edgar
Landlord wins eviction of violent tenant in Toronto apartment building after 20-year tenancy
Summarized by RentZenLast updated: September 23, 2024
Case Summary
Unit ****, 75 Broadway Ave, Toronto, ON M4P1V1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
May 2024
Order Date
Jun 4, 2024
Tenancy End Date
Jul 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's failure to meet a condition specified in a previous order. The Tenant was alleged to have verbally and physically threatened and committed violence against a waste management worker and the Landlord's security guard.
Determinations
- Tenant's agent is the Tenant's sister and Power of Attorney
- Tenant was aware of the hearing but chose not to attend
- Tenant violated the condition in the previous order by threatening and committing violence
- Landlord followed proper procedure to inform Tenant of breach and provide opportunity to respond
- Application filed within 30 days of the breach
Case Study
The Tenant did not attend the hearing despite being properly served with the notice of hearing. The Landlord provided evidence that the Tenant violated the condition in the previous order by threatening and committing violence against a worker and the Landlord's security guard. The Landlord followed the proper procedure to inform the Tenant of the alleged breach and provide an opportunity to respond.
Arguments and Actions
Tenant
Actions
Tenant confronted a waste management worker in a violent manner, yelling vulgarities and approaching the worker with scissors. Tenant also aggressively yelled expletives at the Landlord's security guard.
Decision Summary
The tenancy is terminated effective July 31, 2024. The Tenant must vacate the unit by this date. If the unit is not vacated by July 31, 2024, the Landlord may file the order with the Court Enforcement Office for enforcement starting August 1, 2024. The Tenant must pay $34.18 per day in compensation for use of the unit starting May 29, 2024 until the date the Tenant moves out. If the Tenant does not pay the full amount owing by July 31, 2024, the Tenant will start to owe interest at 7% annually on the outstanding balance starting August 1, 2024.
Reason for Eviction Relief
Given the Tenant's age and the length of the tenancy, a delay in termination is warranted.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Rent Deposit
$810
Source
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