Landlord Wins Eviction Case Against Disruptive Tenant: Taafe v Ripley
Landlord wins eviction case against disruptive tenant who made excessive contacts, tampered with services, and filed false complaints
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 201 Celina St, Oshawa, ON L1H4N7
Decision in favor of
landlord
Balance Owed to Landlord
$3,491
Dispute Categories
Notices Sent
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Timeline
Application Date
Jun 2023
Hearing Date
Sep 2023
Order Date
Nov 9, 2023
Tenancy End Date
Dec 2023
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant's excessive contacts with the Landlord, tampering with the rental unit's hot water tank and electrical system, and making false complaints to emergency services.
Determinations
- Tenant was in possession on application date
- Rental complex is a detached bungalow with two units
- Landlord served valid N5 and N6 notices
- Tenant did not stop conduct within 7 days of N5
- Tenant made excessive contacts and false complaints
- Tenant tampered with hot water tank and electrical
- Tenant's actions substantially interfered with Landlord's and other tenants' rights
Case Study
The Landlord has proven on a balance of probabilities that the Tenant's conduct substantially interfered with the Landlord's and other tenants' reasonable enjoyment and legal rights. The Tenant's actions, including excessive contacts, tampering with vital services, and making false complaints, warranted termination of the tenancy. However, considering the Tenant's family circumstances, the eviction is postponed until December 15, 2023.
Arguments and Actions
Landlord
Arguments
The Landlord argued the Tenant's actions substantially interfered with the Landlord's and other tenants' rights.
Actions
The Landlord presented evidence of the Tenant's excessive contacts, tampering, and false complaints.
Tenant
Arguments
The Tenant claimed the Landlord was not addressing maintenance issues and that she was justified in her actions.
Actions
The Tenant made excessive contacts with the Landlord, tampered with the hot water tank and electrical system, and made false complaints to emergency services.
Aggravating Factors
The Tenant did not show any remorse or admit wrongdoing for making false complaints and tampering with the rental unit's services.
Decision Summary
The tenancy is terminated effective December 15, 2023. The Tenant must vacate the unit by this date. The Tenant owes the Landlord $3,490.65, which includes compensation for use of the unit, application filing fees, and the rent deposit balance. If the Tenant does not pay the full amount by November 30, 2023, they will owe interest at 7% annually on the outstanding balance.
Reason for Eviction Relief
Considering the Tenant's family circumstances, including having three children, one with autism, the eviction is postponed until December 15, 2023.
Adjudicator Details
LTB Member
Total Orders
269
Landlord Favorable
86.6%
Tenant Favorable
8.9%
Mutual Agreement
4.5%
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Financial Details
Lawful Rent
$1,333
Application Fee
$186
Rent Deposit
$1,300
Deposit Interest
$39
Other Owed Amount
$4,644
Compensation for use of unit from June 6 to September 19, 2023
Total Owing
$3,491 (Owed to Landlord)
Source
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