Landlord Wins Eviction Case Against Tenants Who Blocked Garage Access: UPPER v Sedore 2020
Orillia tenants evicted for blocking landlord and other tenants from using the shared garage
Summarized by RentZenLast updated: July 26, 2024
Case Summary
50 Stanton Drive, Orillia, ON L3V2K1
Decision in favor of
landlord
Balance Owed to Landlord
$175
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jul 2020
Order Date
Aug 21, 2020
Tenancy End Date
Sep 2020
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenants due to substantial interference, undue damage, and overcrowding. The Tenants had been prohibiting other tenants and the Landlord from using the common garage area.
Determinations
- Landlord served valid N5 notice
- Tenants prohibited other tenants and Landlord from using the garage, which is a common area
- Tenants did not correct the problem within 7 days of receiving the N5 notice
- Tenants' text messages showed intransigence and lack of respect, indicating they would not comply with an order to allow others to use the garage
Case Study
The Tenants' abusive language and threats in their text messages demonstrated intransigence and a lack of respect, indicating they were unlikely to comply with an order to allow others to use the garage. Therefore, it would be unfair to grant relief from eviction.
Arguments and Actions
Tenant
Actions
Tenants prohibited Landlord and other tenants from using the common garage area.
Aggravating Factors
Tenants used abusive language and made threats in their text messages, demonstrating intransigence and lack of respect.
Decision Summary
The tenancy is terminated effective September 1, 2020. The Tenants must vacate the unit by that date and pay the Landlord $59.18 per day for use of the unit after that date, as well as $175 for the application filing fee. If the unit is not vacated by September 1, 2020, the Landlord may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
366
Landlord Favorable
77.9%
Tenant Favorable
13.7%
Mutual Agreement
8.5%
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Financial Details
Application Fee
$175
Damages
$375
Total Owing
$175 (Owed to Landlord)
Source
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