Skyline Living v Mancuso - LTB Rules on Tenant Harassment Case
Sault Ste. Marie tenant faces eviction for harassing neighbor, but given extension due to age and disability
Summarized by RentZenLast updated: November 3, 2024
Case Summary
365 Lake St, Sault Ste. Marie, ON P6B3K8
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2021
Hearing Date
Mar 2024
Order Date
Jun 5, 2024
Tenancy End Date
Sep 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's behavior of repeatedly going to a neighbor's window, yelling and banging on it, which substantially interfered with the reasonable enjoyment of the Landlord and other tenants. The Tenant filed a request for review of the original order in favor of the Landlord.
Determinations
- Landlord served two N5 notices of termination
- Tenant was in possession on application date
- Tenant voided first N5 notice
- Landlord provided evidence of Tenant's behavior
- Tenant's behavior substantially interfered with others
- Tenant was warned but continued the behavior
Arguments and Actions
Landlord
Arguments
Tenant's behavior substantially interfered with reasonable enjoyment of Landlord and other tenants
Tenant
Arguments
Landlord failed to prove incidents occurred or rose to level of substantial interference
Actions
Tenant went to neighbor's window, yelled and banged on it, despite being told not to do so
Decision Summary
The Landlord proved the Tenant substantially interfered with the reasonable enjoyment of the Landlord and other tenants by repeatedly going to a neighbor's window, yelling and banging on it. While eviction is appropriate, the Tenant's age, disability, and long tenancy warrant postponing the eviction until September 30, 2024 to allow him time to find alternative housing. The Tenant must pay the Landlord's application filing fee of $186 less the rent deposit and interest.
Reason for Eviction Relief
Tenant's age, disability, and long tenancy
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
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Financial Details
Lawful Rent
$519
Application Fee
$186
Rent Deposit
$125
Deposit Interest
$5
Total Owing
$55 (Owed to Landlord)
Source
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