Landlord Wins Eviction Case: KLH HOUSING CORP v Taylor 2024
Landlord wins eviction order against Lindsay tenant over alleged drug trafficking activity in rental unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
28 Mary St W, Lindsay, ON K9V2N4
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
Feb 2024
Hearing Date
Jun 2024
Order Date
Jun 12, 2024
Tenancy End Date
Jun 2024
Dispute Summary
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 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.
Determinations
- Landlord served valid N6 Notice
- Police raid found evidence of drug trafficking at the rental unit
- Tenant did not attend hearing to provide evidence
Arguments and Actions
Landlord
Arguments
The Landlord submitted that there has been trafficking in an illegal drug at the rental unit and that the Tenant has been complicit in permitting such activity to take place.
Actions
Landlord's Property Supervisor testified that she was advised by police on February 13, 2024 that they undertook a drug raid at the rental unit the night before, involving law enforcement breaking down the rental unit back door. The Landlord also produced a copy of a local newspaper article advising that 6 individuals were arrested with firearm and drug related offences, including 'possession of a controlled substance for the purpose of trafficking'.
Aggravating Factors
Seriousness of the Tenant's permitted activity and the resulting fear and safety concerns of other tenants
Tenant
Aggravating Factors
Tenant has stopped communicating with the Landlord since the raid
Decision Summary
The Landlord established on a balance of probabilities that the Tenant permitted someone to carry out trafficking in an illegal drug in the rental unit. The Tenant did not attend the hearing to provide any evidence that may be relevant to the determination under section 83. Considering all the circumstances, it would be unfair to grant relief from eviction.
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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