Landlord and Tenant Board Ruling: Huang v Ballos
LTB rules landlord failed to prove substantial interference in Markham noise, damage dispute
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 50 Clegg Road, Markham, ON L6G0C6
Dispute resolved in
agreement
Balance Owed to Landlord
$404
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2020
Hearing Date
Jun 2021
Order Date
Oct 1, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's behavior substantially interfering with the reasonable enjoyment or lawful rights of the Landlord or other tenants, and for causing undue damage to the premises. The Landlord also sought compensation for the damage.
Determinations
- Residential complex is a multi-unit condominium building
- Tenancy commenced on 2018-11-01, lawful rent is $1,700/month
- Landlord served two N5 notices for noise disturbances
- First N5 notice was voided by Tenant within 7-day period
- Second N5 notice was served within 6 months of first notice
- Tenant did not dispute damage to light fixture
- Landlord did not provide sufficient evidence of substantial interference
Case Study
The Landlord served two N5 notices on the Tenant for noise disturbances. The first notice was voided by the Tenant within the 7-day period. The Landlord then served a second N5 notice within 6 months, which the Tenant did not void. However, the Landlord did not provide sufficient evidence to show the Tenant's conduct substantially interfered with the reasonable enjoyment or lawful rights of the Landlord or other tenants, as required under the Act. The Tenant agreed to pay for the damage to the light fixture.
Arguments and Actions
Landlord
Actions
Landlord received noise disturbance complaints from other tenants prior to serving the first N5 notice.
Tenant
Actions
Tenant did not dispute damage to light fixture and agreed to pay for it.
Decision Summary
The Tenant shall pay the Landlord $217.50 for the damage to the light fixture and $186 for the application fee. If the Tenant does not pay the full amount by October 15, 2021, the Landlord shall have the right to collect the outstanding balance and the Tenant will owe simple interest at 2% annually. The Tenant must also refrain from substantially interfering with the reasonable enjoyment or lawful rights of the Landlord or other tenants for 12 months. If the Tenant fails to comply, the Landlord can apply to the Board for an order terminating the tenancy and evicting the Tenant.
Adjudicator Details
LTB Member
Total Orders
610
Landlord Favorable
84.3%
Tenant Favorable
8.7%
Mutual Agreement
7.0%
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Financial Details
Lawful Rent
$1,700
Application Fee
$186
Damages
$218
Total Owing
$404 (Owed to Landlord)
Source
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