Landlord Wins Substantial Interference Case: Camara v Duval 2024
Landlords in Strathroy awarded $201 and tenant eviction due to substantial interference by unauthorized occupant
Summarized by RentZenLast updated: November 3, 2024
Case Summary
2 Drury Lane, Strathroy, ON N7G3E7
Decision in favor of
landlord
Balance Owed to Landlord
$201
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Mar 2024
Order Date
Apr 11, 2024
Tenancy End Date
Apr 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlords served the Tenant with two N5 notices related to the conduct of the Tenant's occupant, Nancy, including property damage, noise, and unauthorized occupants.
Determinations
- Landlords served valid N5 notices
- Tenant was in possession on application date
- Tenant permitted Nancy to be in the rental complex
- Nancy's behavior substantially interfered with Landlords and other tenants' reasonable enjoyment
- Tenant ignored Landlords' attempts to communicate
Arguments and Actions
Landlord
Actions
Landlords served two N5 notices related to Nancy's conduct, including property damage, noise, and unauthorized occupants. Landlords tried to communicate with Tenant but were ignored.
Tenant
Actions
Tenant permitted Nancy to be in the rental complex and ignored Landlords' attempts to communicate.
Decision Summary
The Landlords' application is granted. The Tenant's tenancy is terminated effective April 23, 2024. The Tenant shall pay the Landlord $201.00 for the cost of filing the application. If the Tenant does not vacate by April 23, 2024, the Landlords may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
45
Landlord Favorable
91.1%
Tenant Favorable
8.9%
Mutual Agreement
0.0%
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Financial Details
Application Fee
$201
Total Owing
$201 (Owed to Landlord)
Source
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