Landlord Wins Substantial Interference Case: Jarjees v Kadhim 2024
Mississauga tenant faces eviction for hoarding and unsanitary rental unit, ordered to pay landlord compensation
Summarized by RentZenLast updated: November 3, 2024
Case Summary
5035 Oscar Peterson Blvd, Mississauga, ON L5M0P4
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Sep 2023
Hearing Date
May 2024
Order Date
Jun 10, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant substantially interfering with the Landlord's lawful rights, privileges and interests by failing to keep the rental unit in a state of ordinary cleanliness leading to an insect infestation, failing to prepare the unit for pest control treatment, and failing to ensure clear pathways in the rental unit for egress/exit.
Determinations
- Landlord served valid N5 Notice
- Tenant did not void notice by correcting issues within 7 days
- Tenant substantially interfered with Landlord's lawful rights, privileges and interests
- Tenant failed to keep rental unit in ordinary cleanliness, leading to insect infestation
- Tenant failed to prepare unit for pest control treatment
- Tenant failed to ensure clear pathways in rental unit for egress/exit
- Landlord held responsible financially by condominium corporation
Arguments and Actions
Tenant
Actions
Tenant failed to keep rental unit in ordinary cleanliness, leading to insect infestation, failed to prepare unit for pest control treatment, and failed to ensure clear pathways in rental unit for egress/exit.
Decision Summary
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The Tenant did not correct the issues within 7 days after receiving the N5 notice, and the Tenant substantially interfered with the Landlord's lawful rights, privileges and interests. The tenancy is terminated, and the Tenant must move out by June 21, 2024. The Tenant shall pay the Landlord compensation of $41.59 per day starting June 10, 2024 until the Tenant moves out, and the Landlord filing fee of $186. The Landlord owes the Tenant $1,291.87 for the rent deposit and interest, which will be deducted from any amount owing by the Tenant.
Adjudicator Details
LTB Member
Total Orders
104
Landlord Favorable
78.8%
Tenant Favorable
12.5%
Mutual Agreement
8.7%
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Financial Details
Lawful Rent
$1,265
Application Fee
$186
Rent Deposit
$1,100
Deposit Interest
$192
Source
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