Quadera Limited v Hamilton - LTB Ruling on Substantial Interference
LTB grants conditional relief from eviction to tenant in Thunder Bay substantial interference case involving domestic violence
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 210 Leland Ave S, Thunder Bay, ON P7E2N5
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Aug 2024
Order Date
Aug 27, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant and her guest substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord alleged the Tenant and her guest were yelling, crying, screaming, swearing, fighting, and smashing things in the unit, and smoking inside the rental unit contrary to the tenancy agreement.
Determinations
- Landlord served valid first N5 notice
- Landlord served valid second N5 notice
- Tenant and guest smoked inside rental unit
- Tenant and guest engaged in loud disturbances
Arguments and Actions
Landlord
Arguments
The Landlord sought an order terminating the tenancy because the smoking and noise coming from the rental unit has disturbed other tenants for a long time, and the Landlord believes these things will happen again.
Actions
The Landlord's agent, Sheri Taddeo, presented emails from other tenants complaining about the noises coming from the Tenant's unit, and said she personally attended the residential complex and heard these noises on March 4, 2024 and March 31, 2024.
Tenant
Arguments
The Tenant submitted that the impact of her experience of domestic violence should not be compounded by being evicted, and that the Landlord has failed to discharge its duty to accommodate the Tenant's disability-related needs to the point of undue hardship.
Actions
The Tenant acknowledged that there were loud fights inside her rental unit, but said these noises were the result of her being violently assaulted by her former boyfriend, who was living in the unit at the time. The Tenant said her former boyfriend no longer lives in the rental unit and they have broken up.
Decision Summary
The Landlord has proven some of the grounds for termination of the tenancy, but it is not unfair in the circumstances to grant relief from eviction, on conditions. The Tenant shall not smoke any substance, including tobacco, in the rental unit, and shall not permit any of her guests or occupants to do so, for a period of 12 months beginning on August 28, 2024. If the Tenant fails to comply with this condition, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Reason for Eviction Relief
The noise emanating from the rental unit was due to the Tenant being violently assaulted by her former boyfriend, and the impact of this experience should not be compounded by being evicted
Adjudicator Details
LTB Member
Total Orders
163
Landlord Favorable
87.7%
Tenant Favorable
3.7%
Mutual Agreement
8.6%
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