Tuesday, April 6, 2010

A Very Ridiculous Decision

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.