Da Silva v Young
Tenant wins · Port Colborne · 2021-10-26
- Adjudicator
- Diane Wade
- Dispute
- Serious Impairment of Safety
- Notice
- N7 Notice of Eviction
- Landlord
- J.D.S.
- Tenant
- D.A.Y.
What happened
Landlord applied to terminate the tenancy and evict the Tenant due to allegations that the Tenant or someone visiting or living in the unit seriously impaired the safety of another person in the residential complex. The Landlord alleged the Tenant put garbage in the main entrance on two occasions, was verbally abusive and aggressive towards the property manager, and was involved in a previous assault on another tenant.
The ruling
The Landlord's application is dismissed. The allegations of the Tenant putting garbage in the main entrance and being verbally abusive and aggressive towards the property manager do not rise to the level of 'seriously impaired safety' as required under the Residential Tenancies Act. The reference to a previous assault on another tenant lacked specific details as required by case law.