Hazelview Property Services In v Lendore
Split/Other wins · Brampton · 2023-11-22
- Adjudicator
- Michael Di Salle
- Dispute
- Damage to Property, Illegal Act, Substantial Interference
- Notice
- N6, N7
- Amount
- <$5K
- Landlord
- Hazelview Property Services In
- Tenant
- P.L., North Peel & Dufferin Community Legal Services
- Landlord rep
- Sean Beard
- Tenant rep
- Fintan Lee
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant; the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex wilfully causing undue damage to the premises; the Tenant or another occupant of the rental unit committing an illegal act or carrying out, or permitting someone to carry out an illegal trade, business or occupation in the rental unit or the residential complex involving the production of an illegal drug, the trafficking in an illegal drug or the possession of an illegal drug for the purposes of trafficking; and the Tenant or another occupant of the rental unit committing an illegal act or carrying out, or permitting someone to carry out an illegal trade, business or occupation in the rental unit or the residential complex.
The ruling
The Landlord did not prove that the Tenant or any of the Tenant's guests were responsible for the damage to the property. However, the Tenant's behavior in pushing a guest down in the parking lot was unacceptable. Instead of an outright eviction, a conditional order is being issued requiring the Tenant to not assault or threaten any staff, tenants or visitors in the residential complex for one year. If the Tenant fails to comply, the Landlord may apply for an order terminating the tenancy and evicting the Tenant. The Tenant is ordered to pay the Landlord's application filing fee of $186.