BFC v L.R

Last updated: July 30, 2024

Order

Ordered by ,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: October 1, 2015
Contested Dispute

Decision in favor of

Landlord

Notices Sent

Notice to Terminate a Tenancy Early (Form N5)10-Day Notice to Terminate a Tenancy Early (Form N7)
ContentionHigh

Agree with the ruling?

Citation: BFC v L.R, 2015 CanLII 79671 (ON LTB)

File Number: TSL-63963-15

Timeline

Hearing Date

Jul 2015

2 months

Order Date

Oct 1, 2015

21 days

Tenancy End Date

Oct 2015

Decision

The tenancy is terminated effective October 22, 2015. The Tenant must vacate the unit by that date. If the unit is not vacated, the Landlord may file the order with the Sheriff for enforcement. The Tenant must pay the Landlord $170 for the application filing fee.

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Dispute

Landlord applied to terminate the tenancy and evict Tenant due to Tenant's behavior that substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant, and seriously impaired the safety of any person.

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Determinations

  • Tenant was served with N5 and N7 notices
  • Tenant did not void N5 notice by correcting behavior
  • Tenant's behavior substantially interfered with reasonable enjoyment
  • Landlord did not prove Tenant seriously impaired safety
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Landlord's Arguments

Actions and Evidence

Landlord's property manager witnessed Tenant banging on other tenants' doors, yelling foul language, standing barely clothed and yelling, and throwing pots and pans in the hallway. Landlord received complaints from other tenants about Tenant's behavior.

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Tenant's Arguments

Actions and Evidence

Tenant admits to throwing pots and pans, but claims she only knocked on a tenant's door once. Tenant says she is a singer, not a yeller or screamer.

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