Silver Wood Housing Co-operative Inc. v Carter - LTB Ruling on Eviction and Damages
Co-op granted order to evict member for extensive unit damage and over a year of unpaid rent
Summarized by RentZenLast updated: October 13, 2024
Case Summary
20 70 Silvercreek Parkway North, Guelph, ON N1H8E3
Decision in favor of
landlord
Balance Owed to Co-op
$23,468
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jul 2022
Hearing Date
Feb 2024
Order Date
Apr 19, 2024
Tenancy End Date
May 2024
We estimate Application Date using rent arrears.
Dispute Summary
The Co-op applied to terminate the occupancy and evict the Co-op Member due to substantial interference, wilful damage, impaired safety, and non-payment of rent. The Co-op Member caused extensive damage to the rental unit, including removing drywall, carpet, and other fixtures, which resulted in fire and electrical hazards. The Co-op Member also failed to pay regular monthly housing charges for over a year and a half.
Determinations
- Co-op Member caused damage to the member unit
- Damage includes removal of drywall, carpet, and other fixtures, resulting in fire and electrical hazards
- Co-op Member failed to pay regular monthly housing charges for over a year and a half
- Co-op does not have financial means to repair the extensive damage
- Co-op Member's actions seriously impaired the safety of other residents
Arguments and Actions
Landlord
Arguments
The Co-op argued that the Co-op Member's actions seriously impaired the safety of other residents and that the Co-op does not have the financial means to repair the damage, which would require increasing housing charges for other members.
Actions
The Co-op conducted inspections and documented the extensive damage to the unit, including removal of drywall, carpet, and other fixtures, which resulted in fire and electrical hazards. The Co-op also obtained an estimate of $63,608.36 to repair the damage.
Tenant
Arguments
The Co-op Member argued that she should be allowed to make the necessary repairs to the unit, but the Co-op did not allow her to do so.
Actions
The Co-op Member intentionally removed the drywall, carpet, and other fixtures in the unit due to her son's medical condition, which caused damage and safety hazards.
Decision Summary
The Co-op's application to terminate the occupancy and evict the Co-op Member is granted. The Co-op Member must vacate the unit by May 31, 2024. If the Co-op Member does not pay the full amount owing by April 23, 2024, they will start accruing interest at 7% annually on the outstanding balance. If the unit is not vacated by May 31, 2024, the Co-op may file the order with the Court Enforcement Office for enforcement.
Reason for Eviction Relief
Considering that this is a long-term occupancy, and the Co-op Member has five children, a delayed eviction order is reasonable so that the Co-op Member can find alternative housing.
Adjudicator Details
LTB Member
Total Orders
89
Landlord Favorable
94.4%
Tenant Favorable
2.3%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$1,290
Rent Arrears
$25,500
Application Fee
$201
Rent Deposit
$985
Damages
$63,608
Total Owing
$23,468 (Owed to Co-op)
Source
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