Landlord Wins Eviction Case Against Disruptive Tenant: Brown v Charles
Landlords awarded $8023 after tenant evicted for non-payment of rent and substantial interference with enjoyment of property
Summarized by RentZenLast updated: October 13, 2024
Case Summary
45 Sinclair St, Lindsay, ON K9V5L6
Decision in favor of
landlord
Balance Owed to Landlord
$8,023
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Tenancy End Date
Oct 2023
Hearing Date
Dec 2023
Order Date
Aug 21, 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent and substantial interference with the reasonable enjoyment of the residential complex. The Landlords served valid N4 and N5 notices, and the Tenant did not void the notices.
Determinations
- Landlords served valid N4 Notice
- Tenant did not void N4 notice by paying arrears
- Tenant was in possession on application date
- Tenant vacated on 2023-10-13
- Lawful rent is $625 due on 1st of each month
- No payments made since application filed
- Rent arrears of $7,017.15 up to move-out date
- Landlords incurred $186 application filing fee
- No last month's rent deposit
- Landlords proven substantial interference grounds
- Tenant did not void N5 notice
- Tenant's conduct substantially interfered with Landlords' and other tenants' reasonable enjoyment
- Landlords incurred $570.19 for garbage removal and $250 for cleaning costs
Arguments and Actions
Tenant
Actions
Tenant continued to smoke in rental unit, make threats towards Landlords, and fail to maintain unit in reasonable state of cleanliness.
Aggravating Factors
Continued smoking in unit after being told it was non-smokingVerbally threatening Landlords and making choking motionsPurposefully blocking Landlords' vehicleContinued confrontational behavior and threats after application filed
Decision Summary
The tenancy is terminated effective October 13, 2023, when the Tenant vacated the rental unit. The Tenant shall pay the Landlords $8,023.34, which includes rent arrears, application filing fee, and compensation for substantial interference. If the Tenant does not pay the full amount by September 1, 2024, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
90.0%
Tenant Favorable
0.0%
Mutual Agreement
10.0%
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Financial Details
Lawful Rent
$625
Rent Arrears
$7,017
Application Fee
$186
Damages
$820
Total Owing
$8,023 (Owed to Landlord)
Source
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