Landlord Wins Eviction Case Against Tenant with Disruptive Adult Son - Marchand v Klie 2024
Landlord wins eviction case against tenant with disruptive adult son, but tenant granted relief with conditions
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 480 Notre Dame St, Belle River, ON N0R1A0
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Aug 2024
Order Date
Aug 19, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's adult son seriously impairing the safety of other tenants in the residential complex on multiple occasions.
Determinations
- Landlord served valid N7 Notice
- Tenant's adult son engaged in conduct that seriously impaired the safety of other tenants
- Tenant's adult son no longer resides in the rental unit and is in an addictions treatment program
- Tenant has been a long-term tenant since 2018
Arguments and Actions
Landlord
Actions
The Landlord testified that they had received numerous complaints, but did not keep a record of them, and that they had been advised by the local OPP that the police had a record of 7 incidents at the residential complex.
Tenant
Arguments
The Tenant referred the LTB to several declarations from the addiction's counsellors in support of their adult son, and two declarations submitted by 2 other tenants in the residential complex, both of whom provided positive references for the Tenant.
Actions
The Tenant's adult son had engaged in conduct that seriously impaired the safety of other tenants on February 13, 14, and March 5, 2024.
Decision Summary
The Landlord's application was granted, but the Tenant was granted relief from eviction subject to conditions. The Tenant's adult son is not permitted in the rental unit for 12 months, and if the Tenant fails to comply, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Reason for Eviction Relief
The Tenant's adult son no longer resides in the rental unit and is in an addictions treatment program, and the Tenant has been a long-term tenant since 2018.
Adjudicator Details
LTB Member
Total Orders
534
Landlord Favorable
79.6%
Tenant Favorable
14.0%
Mutual Agreement
6.4%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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