HONG v JAHA
Landlord wins · Mississauga · 2024-11-04
- Adjudicator
- Greg Witt
- Dispute
- Serious Impairment of Safety, Substantial Interference
- Notice
- Seriously impaired safety (N7), Substantially interfered with reasonable enjoyment (N7)
- Landlord
- T.N.K.H.
- Tenant
- J.M.J., N.C.J., N.M.M.
- Landlord rep
- Shikha Kapoor
What happened
The Landlord applied to evict the Tenants for seriously impairing the safety of others and substantially interfering with her reasonable enjoyment of the property. The application was based on an N7 notice issued after a severe incident on June 16, 2024. During the incident, one of the Tenants entered the Landlord's kitchen, yelled, exposed herself, and threw a used tampon at the Landlord's 15-year-old son. The Tenant admitted to these actions but claimed they were justified due to the Landlord's alleged failure to address maintenance issues and disrespect for her cultural practices. The Board found the Tenant's actions constituted a serious impairment of safety and substantial interference, and denied her request for relief from eviction.
The ruling
The tenancy is terminated, and the Tenant must move out by November 15, 2024. The Tenant is ordered to pay the Landlord daily compensation of $72.33 from July 15, 2024, until she vacates. The Landlord is authorized to deduct the rent deposit and interest ($2,270.07) from the total compensation owed. The Board denied relief from eviction due to the extreme severity of the Tenant's actions, the significant negative impact on the Landlord's family, and the Tenant's lack of remorse.