Landlord Wins Eviction Case: Kondakos v Rutledge 2024
Kitchener landlord successfully evicts tenants for alleged drug trafficking activity
Summarized by RentZenLast updated: November 3, 2024
Case Summary
4 Gildner St, Kitchener, ON N2G2H2
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Oct 2023
Hearing Date
Jun 2024
Order Date
Jun 13, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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
- Landlord provided evidence of drug raid and arrest
- Landlord established drug trafficking on balance of probabilities
- Tenant did not attend hearing or provide evidence
Arguments and Actions
Landlord
Actions
Landlord provided evidence of drug raid, arrest, and ongoing suspicious activity at the rental unit.
Tenant
Actions
Tenant was arrested during drug raid on rental unit.
Decision Summary
The Landlord established on a balance of probabilities that the Tenant or another occupant of the rental unit has engaged in drug trafficking. The Tenant did not attend the hearing or provide any evidence. Considering the circumstances, including the safety concerns of other tenants and the continued activity seen at the rental unit, 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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