CAPREIT LIMITED PARTNERSHIP v Chung - LTB Ruling on Tenant Eviction for Substantial Interference and Undue Damage
Toronto landlord successfully evicts tenants for substantial interference and property damage in high-rise rental unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 33 Orchard View Blvd, Toronto, ON M4R2E9
Decision in favor of
landlord
Balance Owed to Landlord
$10,561
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Sep 2023
Hearing Date
May 2024
Order Date
Jun 3, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenants due to substantial interference with the reasonable enjoyment of the residential complex and wilful damage to the rental unit. The Landlord alleged the Tenants repeatedly and forcefully slammed the door to their unit, causing disturbance to other tenants and damage to the property.
Determinations
- Landlord served valid N5 and N7 notices
- Tenant's conduct substantially interfered with other tenants' enjoyment
- Tenant caused wilful damage to the rental unit and common areas
- Tenant failed to void the notices or engage with the Landlord
- Expedited termination of tenancy appropriate due to ongoing issues
Arguments and Actions
Tenant
Actions
Tenant repeatedly and forcefully slammed the door to their rental unit, causing disturbance to other tenants and damage to the property. Tenant also damaged the fire speaker in the unit, which is a fire code violation.
Aggravating Factors
Tenant's conduct escalated and caused further interference and damage, including to fire safety equipment
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenants is granted. The Tenants must vacate the rental unit by June 9, 2024. The Tenants are ordered to pay the Landlord $10,560.93, which includes compensation for use of the unit, repair costs, and the application filing fee, minus the rent deposit and interest. If the Tenants do not vacate or pay the amount owing, the Landlord may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
96.6%
Tenant Favorable
1.9%
Mutual Agreement
1.5%
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Financial Details
Lawful Rent
$1,609
Application Fee
$186
Rent Deposit
$1,609
Deposit Interest
$62
Damages
$2,444
Total Owing
$10,561 (Owed to Landlord)
Source
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