2765749 Ontario Corporation v Miller - LTB Ruling on Tenant Eviction
Landlord wins eviction case against disruptive tenant in London, Ontario
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 871 Adelaide St N, London, ON N5Y2M2
Decision in favor of
landlord
Balance Owed to Landlord
$5,537
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Sep 2023
Hearing Date
May 2024
Order Date
May 29, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord alleged the Tenant engaged in activities such as shouting in the hallway, playing loud music, smoking in the unit and near the building entrance, leaving refuse and garbage, and failing to provide proof of tenant insurance.
Determinations
- Landlord served valid N5 notice
- Tenant did not void notice during voiding period
- Tenant continued disruptive behavior after notice
- Tenant failed to provide proof of tenant insurance
- Tenant's actions substantially interfered with others
Arguments and Actions
Tenant
Actions
Tenant engaged in shouting, playing loud music, smoking in unit and near entrance, leaving refuse, and failing to provide proof of insurance.
Decision Summary
The Landlord's application is granted. The tenancy is terminated effective June 9, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Sheriff for enforcement. The Tenant must pay the Landlord $5,536.92, which includes compensation for use of the unit, the application fee, and the rent deposit and interest, minus the rent deposit and interest owed to the Tenant.
Adjudicator Details
LTB Member
Total Orders
32
Landlord Favorable
78.1%
Tenant Favorable
12.5%
Mutual Agreement
9.4%
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Financial Details
Lawful Rent
$736
Application Fee
$186
Rent Deposit
$710
Deposit Interest
$25
Other Owed Amount
$5,375
Compensation for use and occupation of unit from Oct 14, 2023 to May 22, 2024
Total Owing
$5,537 (Owed to Landlord)
Source
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