Magee v Reed: Eviction for Property Damage and Interference - Orillia, ON
Orillia Condo Eviction Case: Tenants Ordered to Pay and Vacate
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 1095 Mississaga Street West, Orillia, ON L3V6W7
Decision in favor of
landlords
Balance Owed to Landlords
$6,813
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Dec 2021
Order Date
Jan 5, 2022
Tenancy End Date
Feb 2022
Dispute Summary
Landlords filed L1 and L2 applications. L1 for non-payment of rent was resolved through a payment agreement. L2 application was for termination and eviction due to willful damage to premises, substantial interference with reasonable enjoyment, and compensation for damages.
Determinations
- Tenants caused damage to the rental unit
- Tenants changed locks without permission
- Tenants kept unauthorized pets
- Tenants substantially interfered with Landlords' reasonable enjoyment
- Tenants violated condo rules repeatedly
Case Study
The Tenants failed to provide sufficient explanations or evidence to counter the Landlords' claims. The Board found that the Tenants' behavior substantially interfered with the Landlords' reasonable enjoyment and lawful rights. The Tenants could have avoided eviction by correcting their behavior and paying for damages within 7 days of receiving the N5 notice.
Arguments and Actions
Landlord
Arguments
Landlords are at risk of losing their property within the condo corporation due to Tenants' actions.
Actions
Landlords attempted to work with Tenants for almost two years to resolve issues.
Tenant
Actions
Tenants violated parking rules, encroached on common areas, installed unauthorized fencing, hosted disruptive parties, changed locks without permission, and caused damage to various parts of the rental unit.
Aggravating Factors
Repeated violations of condo rules, unauthorized pets, changing locks without permission, causing damage to the unit, and hosting disruptive parties.
Decision Summary
The tenancy is terminated effective February 28, 2022. Tenants must pay $2,400 for damages, $4,413.18 for compensation, and $46.03 per day from January 6, 2022 until move-out. If not vacated by February 28, 2022, Landlords may file for eviction enforcement.
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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Financial Details
Lawful Rent
$1,400
Rent Deposit
$1,400
Damages
$2,400
Other Owed Amount
$4,413
Compensation for use of unit from September 1, 2021 to January 5, 2022
Total Owing
$6,813 (Owed to Landlords)
Source
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