Donovan v Leeman

Last updated: October 13, 2024

Order

Ordered by Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: March 25, 2024
*** Victoria St, Kingston, ON K7K4S3
Uncontested Dispute

Decision in favor of

Landlord

Ordered Amount

$6,789

to Landlord

Notices Sent

N5
ContentionHigh

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Citation: Donovan v Leeman, 2024 ONLTB 21323

File Number: LTB-L-025831-23

Timeline

Application Date

Jan 2023

13 months

Hearing Date

Feb 2024

26 days

Order Date

Mar 25, 2024

30 days

Tenancy End Date

Apr 2024

Decision

The Landlord's application is granted. The tenancy is terminated effective April 24, 2024. The Tenant must pay the Landlord $6,788.94, which includes compensation for use of the unit, filing fees, and the rent deposit less interest. If the Tenant does not vacate by April 24, 2024, the Landlord may file the order with the Sheriff for enforcement.

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Reason for Eviction Relief

Tenant's age and long tenancy

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Landlord

Tenant

Dispute

Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's failure to maintain the rental unit in a reasonably clean state, which substantially interfered with the reasonable enjoyment of the Landlord and other tenants. The Landlord also claimed compensation for damages.

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Determinations

  • Landlord served valid N5 notice
  • Tenant failed to void notice within 7 days
  • Tenant's failure to maintain unit substantially interfered with Landlord and other tenants
  • Tenant caused damage to the premises
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Landlord's Arguments

Actions and Evidence

Landlord's agent found significant clutter, rotting food, and potential fire damage in the rental unit.

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Tenant's Arguments

Actions and Evidence

Tenant failed to maintain the rental unit in a reasonably clean state, resulting in substantial interference with the Landlord and other tenants.

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Financial Details

Lawful Rent

$594

Application Fee

$186

Rent Deposit

$400

Deposit Interest

$125

Damages

$8,000

Ordered Amount

$6,789 (to Landlord)

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