Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$1,112
to Landlord
Agree with the ruling?
Application Date
Sep 2023
Hearing Date
Jun 2024
Order Date
Sep 13, 2024
The Landlord's application is granted in part. The tenancy will continue if the Tenants comply with the conditions set out in the order, which prohibit excessive noise in the rental unit. If the Tenants fail to comply, the Landlord may apply to terminate the tenancy. The Tenants are ordered to pay the Landlord $1,112.24, which includes compensation for use of the unit and the application filing fee.
Considering the Tenants' circumstances, including the Tenant's disability, it would not be unfair to grant relief from eviction subject to the conditions set out in the order.
Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment of the residential complex by the Landlord or another Tenant. The Landlord served two N5 notices alleging excessive noise from the Tenants' unit, which the Tenants initially voided but then the Landlord served a second non-voidable N5 notice.
Landlord's Legal Representative submitted that the noise issues surrounding the N5 notice continues and that tenants of this multi-residential complex continue to be affected by this.
Landlord submitted evidence of noise complaints from other tenants, and a video recording of the screaming and yelling coming from the rental unit.
Tenants submitted that any complaints of noise were already rectified as their son is barred from returning to the rental unit, and that any other noises coming from the unit are due to Mr. Young's hearing loss.
Tenants testified that their son would visit the rental unit and cause issues with excessive noises and banging, and that they have a 'no contact' order to prevent him from returning.
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Lawful Rent
$1,686
Application Fee
$186
Ordered Amount
$1,112 (to Landlord)
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