This has got to be one of the most ridiculous decisions I’ve ever read from the Landlord and Tenant Board. An Order refraining a tenant from assaulting other tenants for 12 months.
In file number TSL-16589 the landlord applied to the Board to have the tenant evicted and the tenancy terminated because the tenant seriously impaired the safety of other tenants.
The Adjudicator determined that the tenant seriously impaired the safety of other tenants by assaulting other tenants in the residential complex.
He also determined that it would not be unfair to grant relief from eviction under conditions.
The conditions are that the tenant shall not assault anyone in the residential complex for a period of 12 months. After 12 months I guess he’s free to start assaulting his neighbours again. Then the landlord has to start all over again.
This tenant has mental and physical disabilities and landlords are supposed to do everything to accommodate people with disabilities to the point of undue hardship. I guess the landlord didn’t get close enough to bankruptcy on this one.
You can read this decision by CLICKING HERE.
What’s even crazier is they have highlighted this case in their 2008 -2009 annual report.
I wonder how many landlords realize they have to go to the point of undue hardship if they happen to rent to a tenant with disabilities. Is this requirement going to make landlords shy away from renting to people with disabilities.
Tuesday, April 6, 2010
Thursday, March 25, 2010
The Tenant From Hell Update # 1
They went to another lawyer and told the same lies. Got a letter from the Investigation and Enforcement Unit demanding we reconnect the electricity to the unit. If the tenant is responsible to pay the hydro bill and they don’t pay it the landlord is not withholding a vital service.
She filed an application that we withheld a vital service, illegally entered the rental unit and interfered with her lawful enjoyment. It was the tenant not paying the hydro bill that led to it being disconnected, not the landlord. She changed the locks 5 months ago without our consent and has never given us keys so how could we enter the unit illegally?
We can’t file through the Landlord and Tenant Board anymore because they are no longer in possession of the rental unit because of a fire caused by their negligence. Now it’s a Small Claims Court case. Effective January 1 2010 the amount you can sue for was raised to $25,000.00 from $10,000.00.
$25,000.00 won’t cover the arrears and replacing the mobile home. Not that it matters, you can’t garnishee a welfare or a disability cheque.
The Board hearing at the end of the week is a moot point. She can’t win. If you want a roof over your head you pay your rent/mortgage. If you want the light to come on when you turn on the switch you pay your hydro bill. If you want to be able to make and receive phone calls you pay your phone bill. It’s not rocket science.
She filed an application that we withheld a vital service, illegally entered the rental unit and interfered with her lawful enjoyment. It was the tenant not paying the hydro bill that led to it being disconnected, not the landlord. She changed the locks 5 months ago without our consent and has never given us keys so how could we enter the unit illegally?
We can’t file through the Landlord and Tenant Board anymore because they are no longer in possession of the rental unit because of a fire caused by their negligence. Now it’s a Small Claims Court case. Effective January 1 2010 the amount you can sue for was raised to $25,000.00 from $10,000.00.
$25,000.00 won’t cover the arrears and replacing the mobile home. Not that it matters, you can’t garnishee a welfare or a disability cheque.
The Board hearing at the end of the week is a moot point. She can’t win. If you want a roof over your head you pay your rent/mortgage. If you want the light to come on when you turn on the switch you pay your hydro bill. If you want to be able to make and receive phone calls you pay your phone bill. It’s not rocket science.
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