Landlord and Tenant Dispute: Hazelview Property Services In v Lendore
Brampton tenant avoids eviction but must comply with conditions after allegations of misconduct and property damage
Summarized by RentZenLast updated: September 12, 2024
Case Summary
25 Rambler Dr, Brampton, ON L6W1E4
Dispute resolved in
agreement
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Nov 2023
Order Date
Nov 22, 2023
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant; the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex wilfully causing undue damage to the premises; the Tenant or another occupant of the rental unit committing an illegal act or carrying out, or permitting someone to carry out an illegal trade, business or occupation in the rental unit or the residential complex involving the production of an illegal drug, the trafficking in an illegal drug or the possession of an illegal drug for the purposes of trafficking; and the Tenant or another occupant of the rental unit committing an illegal act or carrying out, or permitting someone to carry out an illegal trade, business or occupation in the rental unit or the residential complex.
Determinations
- Tenant was in possession of the rental unit on the date the application was filed and is still in possession as of the date of the hearing
- Tenant has lived in the rental unit for over 12 years and is currently receiving ODSP including a rent subsidy
- Landlord served N6 and N7 notices of termination
- Landlord presented 16 separate incidents as the reason for seeking eviction of the Tenant
- Tenant testified that the 'guests' referred to by the Landlord were not actually guests of the Tenant, and that the Landlord's witness often attributed every undesirable person entering the building as a 'guest' of the Tenant
- Tenant admitted to pushing a female guest down to the ground in the parking lot, but stated he was provoked by the guest calling him racial slurs and accusing him of being a pedophile
Case Study
The Landlord must show that the Tenant and/or any of the Tenant's invited 'guests' were in fact responsible for the damage whether the damage be either wilful or negligent. The Landlord did not prove that any of the referred to 'guests' in the Landlord's evidence were in fact actual 'guests' of the Tenant. The Tenant testified that he did not invite any of these individuals into the residential complex or into his apartment and neither the Landlord's Legal Representative nor the Landlord's witness could disprove this claim. Therefore, since the Landlord has not proven on a balance of probabilities that the Tenant was in fact responsible, the Board cannot order the Tenant to pay.
Arguments and Actions
Landlord
Arguments
The Landlord's Legal Representative requested that the Tenant be evicted by the Board due to the lengthy list of alleged interference, negligence and illegal activities that were included in the Landlord's evidence.
Tenant
Arguments
The Tenant's Legal Representative pointed out that the entire list of alleged incidents all took place within the last year and that the Tenant had lived there for 11 years before this without problems. The Tenant's Legal Representative and the Tenant also pointed out that the Landlord's witness has only worked in the building for a year, and that it is not a coincidence that all of the incidents have been reported about the Tenant since then.
Actions
The Tenant testified that the 'guests' referred to by the Landlord were not actually guests of the Tenant, and that the Landlord's witness often attributed every undesirable person entering the building as a 'guest' of the Tenant. The Tenant also stated that he has always paid his rent on time and would likely end up homeless if evicted from his home of 12 years.
Aggravating Factors
The Tenant pushed a female guest down to the ground in the parking lot, although he stated he was provoked by the guest calling him racial slurs and accusing him of being a pedophile.
Decision Summary
The Landlord did not prove that the Tenant or any of the Tenant's guests were responsible for the damage to the property. However, the Tenant's behavior in pushing a guest down in the parking lot was unacceptable. Instead of an outright eviction, a conditional order is being issued requiring the Tenant to not assault or threaten any staff, tenants or visitors in the residential complex for one year. If the Tenant fails to comply, the Landlord may apply for an order terminating the tenancy and evicting the Tenant. The Tenant is ordered to pay the Landlord's application filing fee of $186.
Reason for Eviction Relief
Given that the Tenant has lived in his apartment for 12 years and this is only incident of this kind during his tenancy, a conditional order is being issued instead of an outright eviction.
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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