Hladysh v Horner
Landlord wins · Hamilton · 2023-03-17
- Adjudicator
- Camille Tancioco
- Dispute
- Damage to premises, Serious impairment of safety, Substantial interference
- Notice
- N7, N5
- Amount
- <$5K
- Landlord
- G.H.
- Tenant
- M.H.
- Landlord rep
- G. Hladysh
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant, Tenant willfully or negligently causing damage to the premises, and Tenant seriously impairing the safety of any person in the residential complex.
The ruling
The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant shall not yell profanities, scream, bang on things or utter threats towards other tenants in the common areas of the residential complex commencing March 17, 2023 and for 12 months thereafter. If the Tenant fails to comply with this condition, the Landlord may apply for an order terminating the tenancy and evicting the Tenant within 30 days of the breach. The Tenant shall also pay the Landlord $186.00 representing costs to the Landlord for filing this application.