Bristol Road Labourers' Local 183 Non-Profit Homes v Darko: Bristol Road Labourers' Local 183 Non-Profit Homes v Darko 2024
Mississauga non-profit landlord successfully evicts tenants for substantial interference with landlord's rights
Summarized by RentZenLast updated: November 3, 2024
Case Summary
68 1455 Bristol Rd W, Mississauga, ON L5V1W5
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Apr 2024
Order Date
Jun 24, 2024
Tenancy End Date
Jul 2024
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenants because the Tenants, another occupant of the rental unit or someone the Tenants permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant.
Determinations
- Landlord served valid N5 Notice
- Tenants did not void notice by stopping conduct
- Tenants in possession on application date
- Landlord's evidence credible and reliable
- Tenants engaged in conduct alleged in N5
- Tenants' conduct substantially interfered with Landlord's rights
Arguments and Actions
Landlord
Actions
The Landlord's agent, Kathy Andreopoulos, testified about the allegations contained in the N5 notice, which was supported by voluminous documentary and photographic evidence. Her testimony was found to be credible and reliable.
Tenant
Actions
The Tenant did not stop the conduct or activity within seven days after receiving the N5 notice of termination. The Tenant repaid the amount owing for utility bills approximately a month after the voiding period, but did not cease the other activities that gave rise to the N5.
Decision Summary
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. Therefore, the tenancy is terminated effective July 5, 2024. The Tenant must move out of the rental unit. The Landlord's application for monetary remedies was withdrawn.
Adjudicator Details
LTB Member
Total Orders
513
Landlord Favorable
92.2%
Tenant Favorable
4.3%
Mutual Agreement
3.5%
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