M Residential Real Estate Lp v Chivers: Eviction for Substantial Interference
LTB Eviction Order: Substantial Interference in Orillia Rental
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 105 Colborne Street W, Orillia, ON L3V2Y8
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jan 2022
Order Date
Jan 31, 2022
Tenancy End Date
Feb 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Tenant requested a delay in termination until February 28, 2022, which was agreed upon by the Landlord.
Determinations
- Landlord agreed to delay termination until February 28, 2022
- Tenant requested delay in termination
- Tenant substantially interfered with reasonable enjoyment or lawful rights of Landlord or other tenants
Case Study
The Tenant could have potentially avoided eviction by addressing the interference issues earlier or proposing a plan to rectify the situation. The Landlord's agreement to delay the termination suggests a willingness to work with the Tenant, which could have been leveraged for a more favorable outcome if addressed sooner.
Arguments and Actions
Landlord
Arguments
Landlord applied for termination and eviction based on substantial interference with reasonable enjoyment or lawful rights.
Actions
Landlord agreed to the Tenant's request for delayed termination.
Tenant
Arguments
Tenant requested a delay in terminating the tenancy until February 28, 2022.
Actions
Tenant substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant.
Decision Summary
The tenancy is terminated effective February 28, 2022. The Tenant must vacate the rental unit by this date. If the unit is not vacated, the Landlord may file the order with the Court Enforcement Office (Sheriff) for eviction enforcement starting March 1, 2022.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
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