Landlord Wins Eviction Case Against Disruptive Tenant in Cornwall: Mcdonnell and Lang v Mcutchean aka Mcleary aka Cleary 2022
Cornwall landlords awarded $14604 in rent arrears, evict tenant for non-payment and substantial interference
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 35 Adams Street, Cornwall, ON K6J2V8
Decision in favor of
landlord
Balance Owed to Landlord
$14,604
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2020
Hearing Date
Oct 2021
Order Date
Jan 7, 2022
Tenancy End Date
Jan 2022
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Landlords also applied based on a Notice of Termination (N5) served on the Tenant for substantially interfering with the reasonable enjoyment of the residential complex.
Determinations
- Interest is owed on rent deposit from February 1, 2020 to September 21, 2020
- It would be unfair to grant relief from eviction
- Landlord holds $900 rent deposit
- Landlord incurred $201 in filing costs
- Lawful monthly rent is $900
- Rent arrears as of hearing date is $12,600
- Tenant has not paid rent from August 1, 2020 to October 31, 2021
- Tenant is in possession of the rental unit
Case Study
The N5 notice lacked the required details outlined in the Residential Tenancies Act and the Divisional Court decision in Ball v. Metro Capital Property. The Landlord's application based on the N5 notice was therefore dismissed.
Arguments and Actions
Landlord
Actions
Landlord attended the rental complex in August 2020 in response to a complaint and found furniture strewn about the lawn, allegedly thrown from the Tenant's balcony. Guests were still arguing on the balcony when the Landlord arrived. Landlord recalls the Tenant swearing at him on August 12, 2020 when he approached her about overdue rent.
Tenant
Actions
Tenant left piles of clothes in the laundry room for several days, which the Landlord had to clean up. Tenant and/or guests were smoking marijuana and cigarettes in the rental unit, contrary to the rules.
Decision Summary
The tenancy is terminated effective January 18, 2022. The Tenant must pay the Landlords $14,604.76 (less any rent paid after October 20, 2021), plus $29.59 per day starting January 8, 2022 until the Tenant vacates. If the Tenant pays $16,401 (less any rent paid after October 20, 2021) by January 18, 2022, the eviction order will be void and the tenancy will continue.
Adjudicator Details
LTB Member
Total Orders
367
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$900
Rent Arrears
$12,600
Application Fee
$201
Rent Deposit
$900
Deposit Interest
$12
Total Owing
$14,604 (Owed to Landlord)
Source
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