Serenity Residential v Cleaveley - LTB Ruling on Drug Trafficking Eviction
Orillia landlord successfully evicts tenant accused of drug trafficking in rental unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 95 Barrie Rd, Orillia, ON L3V0B2
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Nov 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 Tenant due to allegations that 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's evidence shows Tenant was arrested for drug trafficking
- Landlord's evidence shows Tenant's behavior has continued and worsened over time
- Tenant did not attend hearing to provide any evidence
Arguments and Actions
Landlord
Arguments
Landlord requested expedited eviction due to safety concerns for other tenants and the need for increased security measures
Actions
Landlord's property manager witnessed multiple police cruisers at the residential complex during the October 4, 2023 drug raid, and the Tenant was arrested. Landlord produced a newspaper article stating the Tenant was charged with possession for the purpose of trafficking cocaine.
Aggravating Factors
Tenant's behavior has continued and worsened over time, including a second arrest for drug trafficking
Tenant
Actions
Tenant was arrested on October 4, 2023 and March 14, 2024 for drug trafficking
Decision Summary
The Landlord's application is granted. The tenancy is terminated and the Tenant must vacate the rental unit by June 18, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. The Tenant must pay the Landlord $186 for the cost of filing the application. If the Tenant does not pay the full amount by June 18, 2024, the Tenant will start to owe interest at 7% annually on the outstanding balance.
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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