Windsor Essex Community Housing Corporation v Abdella - LTB Case Study
LTB grants conditional relief to tenant in Windsor community housing complex illegal act case
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 445 Glengarry Ave, Windsor, ON N9A1P7
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2024
Order Date
Apr 30, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant or someone the Tenant permitted in the residential complex has committed an illegal act, and the Tenant or another occupant of the rental unit has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant.
Determinations
- Tenant was given N6 notice for illegal act
- Landlord withdrew N5 part of application
- Landlord established Tenant committed illegal act
- Relief from eviction granted with conditions
- Tenant to pay $186 application fee
Arguments and Actions
Landlord
Arguments
Landlord argued that the Tenant's presence is a risk for others in the residential complex, the illegal act is a serious violation, conditions under section 78 would not be sustainable, and the Tenant requires a higher standard of care that the Landlord cannot provide.
Actions
Security guard testified that on October 3, 2022, they received a call about a disturbance, observed the Tenant being arrested, and the victim informed them that the Tenant had beaten her, threatened to kill her, and told her he had a gun. Security guard also testified that he saw bruises on the victim's face.
Tenant
Actions
Tenant denied the allegations, testified that the victim was a friend's girlfriend who came to the rental unit to take a shower, and that she started yelling and screaming and ran out of the rental unit.
Decision Summary
The Landlord established that the Tenant committed an illegal act, but the Board granted relief from eviction on the condition that the Tenant does not commit any illegal act in the rental unit or residential complex. The Tenant was ordered to pay the Landlord's application fee of $186.
Reason for Eviction Relief
Single incident in 2022 does not warrant eviction, Tenant is on disability
Adjudicator Details
LTB Member
Total Orders
96
Landlord Favorable
90.6%
Tenant Favorable
7.3%
Mutual Agreement
2.1%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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