Summary: Residential Tenancies Act Cases

Above: April Stewart, a paralegal who helps landlords evict troublesome tenants, tells 16×9 about her experience with Hoarders.

16×9 reviewed a random sampling of landlord-tenant disputes from the past three years, comparing cases involving “hoarding” or excessive clutter – with ones citing tenants with other disabilities. In all cases involving “hoarding” or excessive clutter, the ruling was either “tenancy terminated” or “clean up or tenancy terminated”. In all other disability-related cases, tenants were awarded “relief from eviction”. Disability is protected under the Human Rights Code. In May, hoarding was recognized by the DSM-V, the Diagnostic and Statistical Manual for Mental Disorders, which could mean better outcomes for tenants who hoard and are facing eviction. Below are the results from 16X9’s sampling.

Read more: One Man’s Treasure

HOARDING:

1) NOL-10893-13
-Argument: interfering with the reasonable enjoyment
-Extreme clutter. “Scattered newspapers, piles of clothing, empty food containers & empty tin cans, and filled garbage bags.”
-ORDER: CLEAN UP OR TENANCY TERMINATED

2) SOL-07404-10
-Argument: interfering with the reasonable enjoyment
-Admitted hoarder. Trying to get into program with St. Joseph Mental Health hospital. Clothes, food, electronics, toys, trash and dirt. Health and fire hazard.
-ORDER: CLEAN UP OR TENANCY TERMINATED

3) TSL-26483-12
-Argument: interfering with the reasonable enjoyment & seriously impaired the safety of any person
-“Grossly unsanitary.” Complaints, no change in condition of unit.
-ORDER: TENANCY TERMINATED

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4) SOL-09065-10
Argument: interfering with the reasonable enjoyment
-“Diogenes syndrome” aka senile squalor syndrome. Brings food and garbage from outside and hoards it in apartment.
-ORDER: TENANCY TERMINATED

5) TSL-32692-12
-Argument: seriously impaired the safety of any person in the residential complex
-“the risks posed by the amount of excessive combustible possessions.” Multiple warnings. “The tenant would appear to have a serious undiagnosed and untreated mental illness.”
-ORDER: CLEAN UP OR TENANCY TERMINATED

6) TSL-07237-10
-Argument: interfering with the reasonable enjoyment & seriously impaired the safety of any person
-“accumulated garbage and stored excessive amount of clothes and various items… infestation of mice & cockroaches”
-ORDER: CLEAN UP OR TENANCY TERMINATED

7) TSL-31765-12
-Argument: willfully or negligently caused undue damage to the premises
-fails to keep the unit in an ordinary state of cleanliness
-ORDER: CLEAN UP OR TENANCY TERMINATED

8) SWL-32686-12
-Argument: seriously impaired the safety of another person
-filled his unit with personal belongings to the point the unit is unsafe
-ORDER: TENANCY TERMINATED

9) TNL-30751-12
-Argument: seriously impaired the safety of any person
-excessive clutter, fire hazard, multiple warnings
-ORDER: CLEAN UP OR TENANCY TERMINATED

DISABLED:

1) TEL-06909-10
-Argument: willfully caused undue damage to the premises, seriously impaired the safety of another person
-The tenant has a disability (depression). Classified as a mental disability. Landlord must accommodate the Tenant to the point of undue hardship.
-ORDER: RELIEF FROM EVICTION

2) CEL-07443-10
-Argument: interfering with the reasonable enjoyment & seriously impaired the safety of any person
– T suffers from schizophrenia, which is a chronic psychotic illness. “T has a disability that qualifies him for the protection under the OHRC.”
-ORDER: RELIEF FROM EVICTION

3) TNL-26821-12
-Argument: committed an illegal act in the rental unit
-schizophrenia and chronic paranoia. “She is considered to be a person with a disability based on her medical condition.”
-ORDER: RELIEF FROM EVICTION

4) Superior Court of Justice (precedent)
-Argument: Interfering with the enjoyment of other tenants on the floor
-Schizophrenia. Mental disorder.
-ORDER: RELIEF FROM EVICTION

5) TSL-16589
-Argument: seriously impaired the safety of another person
-“Tenant suffers from a mental disability arising from depression, along with physical disabilities.”
-ORDER: RELIEF DFROM EVICTION

6) TSL-27092-12
-Argument: substantially interfered with the reasonable enjoyment
-Alcoholic. “Alcoholism is a disability under the OHRC.”
-ORDER: RELIEF FROM EVICTION

7) TNL-27977-12
-Argument: willfully caused undue damage to the premises
-Bi-polar disorder. Protected under the HRC.
-ORDER: RELIEF FROM EVICTION

Don’t miss “Hoarders’ Law” this Saturday at 7pm on 16X9.