Landlord Wins Eviction Case Against Disruptive Tenant in North Bay: Miller v Desharnais 2024
North Bay landlord awarded immediate eviction and over $10000 in damages against destructive tenant
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 232 Fifth Ave W, North Bay, ON P1B3N6
Decision in favor of
landlord
Balance Owed to Landlord
$10,983
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2023
Hearing Date
Mar 2024
Order Date
Jul 12, 2024
Tenancy End Date
Jul 2024
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, wilful or negligent damage to the premises, commission of an illegal act, serious impairment of safety, and wilful undue damage to the rental unit or residential complex. The Tenant had been engaging in aggressive and disruptive behavior towards other tenants and staff, and had caused significant damage to the rental unit.
Determinations
- Landlord served valid N5, N6, and N7 Notices
- Tenant did not void N5 notice during voiding period
- Tenant caused substantial interference, damage, illegal acts, safety impairment, and undue damage
- Tenant no longer in possession, incarcerated
- Landlord suffered $60,000-$70,000 in damages to unit
Case Study
The Landlord has proven the grounds for termination of the tenancy and/or the claim for compensation in the application. The Tenant's conduct has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant, the Tenant has wilfully or negligently caused damage to the premises, the Tenant has committed an illegal act, the Tenant has seriously impaired the safety of other tenants, and the Tenant has wilfully caused undue damage to the rental unit or residential complex. The Tenant did not void the first N5 notice and the Landlord was allowed to give a second, non-voidable N5 notice. The Tenant is no longer in possession of the unit, having been incarcerated, and the Landlord has suffered significant damages to the unit. It would be unfair to grant relief from eviction given the Tenant's conduct and the impact on the other tenants.
Arguments and Actions
Tenant
Actions
The Tenant admitted to damaging the door to his rental unit because he misplaced his keys.
Aggravating Factors
The Tenant's conduct has rendered the complex a 'literal hell' over the past year, with one tenant having to be hospitalized due to the stress. The Tenant has demonstrated a complete lack of respect for the Landlord's property and his neighbors.
Decision Summary
The tenancy is terminated effective immediately as of July 12, 2024. The Tenant must move out by July 12, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for expedited eviction. The Tenant owes the Landlord $10,982.51 for damages to the unit, daily compensation, and the filing fee. If the Tenant does not pay the full amount by July 23, 2024, the Tenant will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
108
Landlord Favorable
82.4%
Tenant Favorable
13.0%
Mutual Agreement
4.6%
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Financial Details
Lawful Rent
$1,150
Application Fee
$186
Damages
$550
Other Owed Amount
$10,247
Daily compensation for use and occupation of rental unit
Total Owing
$10,983 (Owed to Landlord)
Source
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