Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Dispute resolved in
Agreement
Ordered Amount
-
Agree with the ruling?
Citation: Quadera Limited v Hamilton, 2024 ONLTB 62139
File Number: LTB-L-026384-24
Hearing Date
Aug 2024
Order Date
Aug 27, 2024
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.
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
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.
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.
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.
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.
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.
Need assistance from an expert?
Click to switch between order outcomes
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.
Landlord wins LTB case against Mississauga tenants for non-payment of rent, tenancy terminated and tenants ordered to pay over $13,000.
Toronto tenant faces eviction for non-payment of $5,436 in rent arrears.
