The Corporation of the County of Wellington v Cudney - LTB Ruling on Tenant Eviction
Guelph tenant evicted for causing extensive damage and safety issues in rental unit, ordered to pay $15886
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 576 Woolwich St, Guelph, ON N1H3Y3
Decision in favor of
landlord
Balance Owed to Landlord
$15,886
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Aug 2023
Order Date
Aug 29, 2023
Tenancy End Date
Oct 2023
Dispute Summary
The landlord applied to terminate the tenancy and evict the tenant due to the tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the landlord or another tenant, the tenant seriously impairing the safety of any person, and the tenant wilfully causing undue damage to the premises.
Determinations
- Tenant was in possession on application date
- Landlord served valid N7 notice
- Tenant caused substantial damage to rental unit
- Tenant damaged fire safety devices on two occasions
- Tenant's actions seriously impaired safety of others
Case Study
The landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation. The tenant has seriously impaired the safety of any person and wilfully caused undue damage to the premises. The landlord has attempted to accommodate the tenant's disability, but the tenant's destructive conduct has continued.
Arguments and Actions
Tenant
Actions
The tenant testified the damage was mostly caused by him throwing his skateboard, and that he hears women being tortured and tries to stop it by banging and throwing his skateboard.
Aggravating Factors
The tenant's destructive conduct has continued despite the landlord's attempts to accommodate him and provide support.
Decision Summary
The tenancy is terminated effective October 29, 2023. The tenant must pay the landlord $15,886 for the cost of repairs and the application fee. If the tenant does not pay by October 29, 2023, interest will accrue at 6% annually on the outstanding balance.
Reason for Eviction Relief
to provide the tenant 60 days to find alternate living accommodations
Adjudicator Details
LTB Member
Total Orders
477
Landlord Favorable
90.6%
Tenant Favorable
4.4%
Mutual Agreement
5.0%
Need assistance from an expert?
Sponsored
Financial Details
Application Fee
$186
Damages
$15,700
Total Owing
$15,886 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.