Landlord Wins Substantial Interference Case: 2312622 Ontario Inc. v Lavoie
Sudbury tenant evicted for substantially interfering with other residents, ordered to pay $10097
Summarized by RentZenLast updated: October 13, 2024
Case Summary
215 347 Hyland Dr, Sudbury, ON P3E0G6
Decision in favor of
landlord
Balance Owed to Landlord
$10,097
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Jul 2024
Order Date
Aug 23, 2024
Tenancy End Date
Oct 2024
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant.
Determinations
- Landlord served valid first N5 Notice
- Tenant voided first N5 Notice by correcting conduct
- Landlord served valid second N5 Notice
- Tenant's conduct substantially interfered with other tenants' reasonable enjoyment
Arguments and Actions
Tenant
Arguments
Tenant claimed his behavior was due to exposure to mold and alcohol use, but did not provide evidence to support this claim.
Actions
Tenant made excessive noise, yelled, and disturbed other tenants, resulting in police being called on multiple occasions.
Aggravating Factors
Tenant's erratic behavior and inability to control noise and disturbances
Decision Summary
The Landlord's application is granted. The tenancy is terminated effective October 31, 2024. The Tenant must pay the Landlord $10,097.40 less any amounts already paid. If the Tenant does not vacate by October 31, 2024, the Landlord may file the order with the Sheriff for enforcement.
Reason for Eviction Relief
To allow the Tenant time to find alternate accommodations
Adjudicator Details
LTB Member
Total Orders
29
Landlord Favorable
72.4%
Tenant Favorable
24.1%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$1,466
Rent Deposit
$1,430
Deposit Interest
$183
Total Owing
$10,097 (Owed to Landlord)
Source
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