Mental Health (LTB)

TSL-02327-19 (Re), 2019 CanLII 87558 (ON LTB)

4. The Landlord is a not-for-profit housing provider that provides affordable housing. The Landlord has partnerships with many agencies who serve different needs communities. These agencies refer their clients to the Landlord to live in the residential complex. The tenancy at issue arose from a partnership between the Landlord and a community agency that provides mental health supports to the Tenant.

5. The residential complex has “regular floors” and “safety floors”. The difference is that safety floors (i.e. floors 4 and 7) are reserved for residents who have a history of trauma and abuse. There are special expectations of residents of these floors, including that they are quiet, they do not have frequent guests and their guests are escorted in and out of the building. These expectations are meant to protect the residents’ sense of security on these floors.

6. The tenancy started in November, 2017. The Tenant lives on the 7th floor of the building, which is a safety floor.

7. Due to the Tenant’s pattern of disturbing behaviour, the Landlord served two N5 Notices of Termination upon the Tenant alleging substantial interference under section 64 of the Residential Tenancies Act, 2006 (the “Act”). At the hearing, the Landlord’s witnesses confirmed that the Tenant voided the first N5 Notice pursuant to section 64(3) of the Act. Therefore, in this order I only consider the allegations in the section N5 Notice, which has a termination date of January 3, 2019.

Tenant has created substantial interferences

8. Based on the Landlord’s uncontested evidence, I am satisfied on a balance of probabilities that the Tenant has substantially interfered with the reasonable enjoyment or lawful right, interest or privilege of the Landlord or another tenant by:

• Creating excessive noise in the rental unit and in the hallway of the 7th floor at all hours of the night by screaming, yelling and slamming walls and doors.

• Knocking on other tenants’ doors late at night and early in the morning looking for drugs and cigarettes.

• Having a guest enter the residential complex and attend her unit unescorted in the middle of the night.

• Forcing her way into another tenant’s unit without permission. The other tenant lives on the fourth floor, which is also a safety floor.

9. The Landlord’s witnesses testified that the Tenant’s behaviour has had a significant impact on other residents by making them feel scared, anxious, triggering symptoms of their own mental health issues and past traumatic experiences and making it difficult for residents to cope.

19. Finally, I am satisfied that the Landlord will experience undue hardship (through its residents) if the tenancy continues. Although it is clear that the Tenant suffers from mental health issues, her long-standing disruptive behaviour has and continues to negatively impact the mental health and reasonable enjoyment of other residents. It would not be fair or appropriate to expect the Landlord to provide endless accommodation for the Tenant’s disturbing behaviour when it profoundly affects the health and well-being of other residents who are also vulnerable and require accommodation.