Last updated: July 26, 2024
Ordered by Jana Rozehnal,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$186
to Landlord
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Citation: Homestead Land Holdings Limited v Lindley, 2021 CanLII 95614 (ON LTB)
File Number: SOL-16289-20
Application Date
Aug 2020
Hearing Date
Nov 2020
Order Date
Jun 24, 2021
Tenancy End Date
Jul 2021
The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before July 5, 2021. The Tenant shall pay the Landlord $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by July 5, 2021, the Tenant will start to owe simple interest at 2.00% annually on the balance outstanding. If the unit is not vacated by July 5, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's conduct that substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord served two N5 Notices of Termination due to the Tenant's yelling, screaming, and playing loud music.
Tenant requested an in-person hearing, stating that she would be more comfortable to proceed with an in-person hearing, but did not provide any persuasive reason why.
Tenant was yelling and screaming on the balcony of her 17th floor rental unit. Tenant was playing loud music, yelling and screaming profanities and death threats against other residents.
Tenant did not call in on time for the hearing on May 28, 2021, stating that she was mistaken and thought the hearing was scheduled for 11:00 a.m.
Tenant's conduct was escalating, including yelling, screaming, and playing loud music. Police had to be called numerous times to the Tenant's rental unit. Tenant refused to accept offered assistance and supports.
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Application Fee
$186
Ordered Amount
$186 (to Landlord)
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