COMPANY v A.M.

Last updated: July 30, 2024

Order

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

Order Date: March 25, 2019
Contested Dispute

Decision in favor of

Landlord

Notices Sent

Illegal act (N6)Damage (N5)Damage (N7)Substantial interference (N5)
ContentionExtreme

Agree with the ruling?

Citation: COMPANY v A.M., 2019 CanLII 86916 (ON LTB)

File Number: TEL-95904-18

Timeline

Application Date

Oct 2018

6 days

Tenancy End Date

Oct 2018

4 months

Hearing Date

Feb 2019

2 months

Order Date

Mar 25, 2019

Decision

The tenancy is terminated effective October 10, 2018. The Tenant must move out by April 5, 2019 and pay the Landlord $593.68 for repair costs, $29.45 per day for use of the unit after termination, and $190 for the filing fee. No relief from eviction is granted.

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Dispute

Landlord applied to terminate the tenancy and evict Tenant due to Tenant's wilful damage to the premises, committing illegal acts in the residential complex, and substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant.

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Determinations

  • Tenant's request for adjournment was denied as Tenant had sufficient time to prepare for the hearing
  • Landlord served Tenant with valid N6, N5, and N7 notices
  • Tenant smeared feces on neighbor's door and threw Landlord's camera at neighbor
  • Tenant damaged Landlord's camera and poured varsol on floor in front of neighbor's unit
  • Landlord incurred $593.68 in costs to repair damage and replace property
  • Termination of tenancy granted based on Tenant's wilful damage and illegal acts
  • No relief from eviction granted as it would be unfair
  • Tenant must pay Landlord $593.68 for repair costs, $29.45 per day for use of unit after termination date, and $190 for filing fee
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Landlord's Arguments

Tenant's Arguments

Actions and Evidence

Tenant smeared feces on neighbor's door, damaged Landlord's camera, and poured varsol on floor in front of neighbor's unit.

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