Cambridge Place Apartments Ltd c/o Realstar Management Partnership v Kumarasamy - 2024 ONLTB 50046
Toronto landlord wins termination of tenancy and $19889 owed from tenant who repeatedly caused issues for other tenants by washing their balcony
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 30 Denton Ave, Toronto, ON M1L4P2
Decision in favor of
landlord
Balance Owed to Landlord
$19,889
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Dec 2023
Order Date
Jul 10, 2024
Tenancy End Date
Aug 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant substantially interfering with the reasonable enjoyment of the residential complex by other tenants. The Tenant was washing their balcony, causing dirty water and garbage to fall onto other tenants' balconies below.
Determinations
- Landlord served valid N5 notices
- Tenant substantially interfered with other tenants' reasonable enjoyment
- Tenant did not attend hearing to assure compliance with a conditional order
- Tenant is a senior, so eviction postponed until August 31, 2024
Arguments and Actions
Landlord
Actions
The Landlord has sent the Tenant multiple letters and had conversations with the Tenant to get them to stop dumping water on their balcony, but the behavior has continued.
Tenant
Actions
The Tenant has continually washed their balcony, causing dirty water and garbage to fall onto other tenants' balconies below, substantially interfering with their reasonable enjoyment.
Decision Summary
The tenancy is terminated effective August 31, 2024. The Tenant must move out by that date or the Landlord can file the order with the Sheriff to enforce the eviction. The Tenant must pay the Landlord $19,888.69, which includes compensation for use of the unit and the application filing fee. If the Tenant does not pay by August 31, 2024, they will owe interest at 7% annually on the outstanding balance.
Reason for Eviction Relief
The Tenant is a senior, so the eviction is postponed until August 31, 2024 to allow the Tenant ample time to find a new place to live.
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
$1,278
Application Fee
$186
Other Owed Amount
$19,703
Compensation for use and occupation of the rental unit from August 30, 2022 to December 11, 2023
Total Owing
$19,889 (Owed to Landlord)
Source
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