Landlord Wins Substantial Interference Case: Cheong v Hall 2024
Landlord awarded $1287 in Richmond Hill dispute, but eviction denied
Summarized by RentZenLast updated: September 12, 2024
Case Summary
8763 Bayview Ave, Richmond Hill, ON L4B3V1
Decision in favor of
landlord
Balance Owed to Landlord
$1,288
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Jun 2023
Order Date
Jan 8, 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's behavior substantially interfering with the Landlord's reasonable enjoyment and the Tenant or someone visiting or living with the Tenant willfully damaging the rental unit or the residential complex.
Determinations
- Landlord proved grounds for compensation
- Tenant was in possession on application date
- Landlord incurred $186 in filing costs
Case Study
The Tenant's representative was removed from the application as the Tenant wanted to self-represent. The Landlord was charged $1,101.75 by the condo board as a result of third-party legal fees due to the Tenant's behavior. While the Landlord is legally responsible for these fees based on the condo board's policy and by-laws, the Tenant is ultimately financially responsible. However, an eviction order cannot be issued solely for third-party legal fees, as it would be unreasonable.
Decision Summary
The Landlord is granted an award of $1,101.75 for the condo board's legal fees, plus $186 for the application filing costs, for a total of $1,287.75. If the Tenant does not pay the full amount by January 31, 2024, the Tenant will start owing interest at 7% annually on the outstanding balance.
Reason for Eviction Relief
The Tenant's behavior has been corrected, and an eviction order solely for third-party legal fees would be unreasonable.
Adjudicator Details
LTB Member
Total Orders
103
Landlord Favorable
94.2%
Tenant Favorable
1.9%
Mutual Agreement
3.9%
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Financial Details
Application Fee
$186
Damages
$1,102
Total Owing
$1,288 (Owed to Landlord)
Source
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