TIPI MOZA (IRON HOMES) v Brown - LTB Ruling on Tenant Eviction
Landlord wins eviction case against disruptive tenant in Kingston rental dispute
Summarized by RentZenLast updated: November 3, 2024
Case Summary
84 Pine St, Kingston, ON K7K1W3
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Mar 2023
Hearing Date
Mar 2024
Order Date
May 1, 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 disruptive behavior, including making threats, excessive noise, yelling, and slamming doors, which substantially interfered with the reasonable enjoyment of the Landlord and other tenants. The Landlord submitted video evidence and a complaint log to support the application.
Determinations
- Landlord failed to prove serious impairment of safety
- Landlord proved substantial interference with reasonable enjoyment
- Tenant did not void N5 notice by stopping disruptive behavior
- Tenant's noise, yelling, and door slamming substantially interfered with other tenants
- Landlord took steps to mitigate the impact of Tenant's behavior
Arguments and Actions
Landlord
Actions
Landlord received 190 complaints about Tenant's disruptive behavior between March 2023 and March 2024. Landlord spoke with Tenant and Tenant's case manager but behavior continued.
Tenant
Actions
Tenant made threatening comments, engaged in excessive noise, yelling, and slamming doors, substantially interfering with other tenants.
Decision Summary
The tenancy is terminated effective May 12, 2024 due to the Tenant's substantial interference with the reasonable enjoyment of the Landlord and other tenants. The Tenant must vacate the unit by May 12, 2024 and pay the Landlord $186 for the application filing fee. If the Tenant does not vacate or pay the fee by the deadline, the Landlord can file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
226
Landlord Favorable
96.0%
Tenant Favorable
3.1%
Mutual Agreement
0.9%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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