Landlord Wins Eviction Case Against Tenant for Assault and Theft - Wigwamen Incorporated v McLeod
Tenant evicted for assaulting and stealing from building employee, ordered to pay $186 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 20 Sewells Road, Toronto, ON M1B3G5
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Feb 2022
Order Date
Apr 6, 2023
Tenancy End Date
Apr 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to the tenant committing an illegal act (assault and theft) and seriously impairing the safety of a building employee in the residential complex.
Determinations
- Landlord proved grounds for termination
- Tenant was in possession on application date
- N6 notice of termination was valid
- Tenant assaulted and stole from building employee
- Tenant's actions seriously impaired employee's safety
Case Study
The landlord provided evidence, including testimony, video, and photographs, that the tenant physically assaulted and stole the property of a building employee. The tenant's testimony was not credible and did not provide a reasonable explanation for the evidence. The Board found that the tenant committed the illegal acts of assault and theft in the residential complex, and that these acts seriously impaired the safety of the employee.
Arguments and Actions
Tenant
Actions
The tenant assaulted and stole the property of a building employee.
Decision Summary
The tenancy is terminated effective April 17, 2023. The tenant must vacate the unit by that date. If the tenant does not vacate, the landlord may file the order with the Sheriff for enforcement. The tenant must also pay the landlord $186 for the application filing fee.
Adjudicator Details
LTB Member
Total Orders
33
Landlord Favorable
81.8%
Tenant Favorable
15.2%
Mutual Agreement
3.0%
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Financial Details
Lawful Rent
$1,365
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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