Landlord Wins Eviction Case: Mercier v Gauthier 2024
Parry Sound landlord wins eviction after tenant's guest fires gun in rental unit, seriously endangering upstairs neighbor
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 60 Church St, Parry Sound, ON P2A1Y7
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Feb 2024
Order Date
Mar 27, 2024
Tenancy End Date
Apr 2024
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenants due to a serious incident on December 3, 2023 where a guest of the Tenants discharged a firearm in the rental unit, with the bullet passing through the ceiling and into the unit above, narrowly missing the upstairs tenant. The Landlord claimed this incident seriously impaired the safety of the other tenant.
Determinations
- Landlord served valid N7 Notice
- Tenants were in possession on application date
- Guest discharged firearm in rental unit on 2023-12-03
- Bullet passed through ceiling into upstairs unit
- Upstairs tenant was home and could have been hit
- Incident seriously impaired safety of other tenant
Arguments and Actions
Landlord
Actions
Landlord testified about the incident on 2023-12-03 where a guest of the Tenants discharged a firearm in the rental unit, with the bullet passing through the ceiling and into the unit above, narrowly missing the upstairs tenant.
Tenant
Actions
Tenants were not present at the hearing.
Decision Summary
The Landlord has proven on a balance of probabilities that a guest of the Tenants seriously impaired the safety of another person in the residential complex by discharging a firearm in the rental unit. The Tenants must vacate the unit by April 7, 2024. If they do not, the Landlord can file the order with the Sheriff for enforcement. The Tenants must also pay the Landlord $33.70 per day in compensation starting February 13, 2024 until they move out, as well as the $186 application fee.
Adjudicator Details
LTB Member
Total Orders
57
Landlord Favorable
82.5%
Tenant Favorable
7.0%
Mutual Agreement
10.5%
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Financial Details
Lawful Rent
$1,025
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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