The Effort Trust Company v Douglas - LTB Ruling on Tenant Eviction for Substantial Interference
Hamilton landlord successfully evicts tenant for threatening and disruptive behavior that interfered with other tenants' enjoyment of the property
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 50 Jerome Cres, Hamilton, ON L8E1K6
Decision in favor of
landlord
Balance Owed to Tenant
-$800
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Nov 2023
Hearing Date
Mar 2024
Order Date
Apr 29, 2024
Tenancy End Date
May 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's threatening and aggressive behavior towards the staff and other tenants of the residential complex, which substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenants.
Determinations
- Landlord served valid N5 Notice
- Tenant did not void notice by correcting behavior
- Tenant's behavior substantially interfered with other tenants' enjoyment
- Tenant's behavior impacted superintendent's and other tenants' sense of security
- Tenant not in rent arrears
Arguments and Actions
Tenant
Actions
The Tenant engaged in a pattern of threatening, aggressive, and disruptive behavior towards the Landlord's staff and other tenants, including making threats, using vulgar language, damaging property, and causing other tenants to feel unsafe.
Aggravating Factors
Threatening behavior towards staff and other tenantsAggressive and intimidating conductDamage to propertyRefusal to work with social services
Decision Summary
The Landlord's application is granted. The tenancy is terminated effective May 10, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenant must pay the Landlord $31.07 per day for use of the unit starting April 1, 2024 until the move-out date, and $186 for the application filing fee. The Landlord owes the Tenant $985.77 for the rent deposit and interest, which is deducted from the amount owed by the Tenant.
Adjudicator Details
LTB Member
Total Orders
62
Landlord Favorable
90.3%
Tenant Favorable
6.5%
Mutual Agreement
3.2%
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Financial Details
Lawful Rent
$945
Application Fee
$186
Rent Deposit
$899
Deposit Interest
$87
Total Owing
-$800 (Owed to Tenant)
Source
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