Landlord Wins Eviction Case Against Disruptive Tenants in Ottawa: Dogra v Alam, Arseneault 2022
Ottawa landlord successfully evicts tenants for repeatedly denying access and making threats, impacting his ability to sell the property
Summarized by RentZenLast updated: July 26, 2024
Case Summary
46 Stokes Crescent, Ottawa, ON K2L2Z5
Decision in favor of
landlord
Balance Owed to Landlord
$8,195
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2021
Hearing Date
Nov 2021
Order Date
Feb 1, 2022
Tenancy End Date
Feb 2022
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenants due to their behavior substantially interfering with the Landlord's reasonable enjoyment of the residential complex. The Tenants repeatedly denied the Landlord and his real estate agent access to the rental unit to prepare it for sale, and the Tenant made threatening and abusive comments towards the Landlord and his agent.
Determinations
- Rental unit is a 3-bedroom unit in a row house style complex
- Tenancy began around 2016 with monthly rent of $1,400
- Adnan Alam originally rented the unit, then Pierre Arseneault moved in without proper assignment or subletting
- Landlord served valid N5 Notice on July 15, 2021
- Tenant did not void N5 Notice within 7-day period
- Tenant's behavior substantially interfered with Landlord's reasonable enjoyment
- Tenant's behavior continued to be threatening and inappropriate
Case Study
The Landlord's application was justified as the Tenant's behavior substantially interfered with the Landlord's reasonable enjoyment of the residential complex. The Tenant did not void the N5 notice within the 7-day period, and the Tenant's continued threatening and inappropriate behavior warranted termination of the tenancy.
Arguments and Actions
Tenant
Actions
Tenant repeatedly denied Landlord and agent access to the rental unit to prepare it for sale, and sent threatening emails to the Landlord and his employer
Aggravating Factors
Tenant's threatening and abusive behavior towards Landlord and agent
Decision Summary
The tenancy is terminated effective February 28, 2022. The Tenants must vacate the rental unit by that date and pay the Landlord $8,195.22, which includes compensation for use of the unit, the application filing fee, and interest if the amount is not paid by the due date. If the Tenants do not vacate by the termination date, the Landlord may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
338
Landlord Favorable
84.6%
Tenant Favorable
9.8%
Mutual Agreement
5.6%
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Financial Details
Lawful Rent
$1,400
Application Fee
$186
Damages
$8,009
Total Owing
$8,195 (Owed to Landlord)
Source
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