Landlord Wins Eviction Case Against Tenant: Johnston v Barr
Landlord successfully evicts Renfrew tenant for substantial interference, illegal acts, and safety concerns
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 159 Xavier St, Renfrew, ON K7V1L3
Decision in favor of
landlord
Balance Owed to Tenant
-$826
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Nov 2023
Order Date
Nov 29, 2023
Tenancy End Date
Dec 2023
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to substantial interference with the reasonable enjoyment of the residential complex, illegal acts committed by the Tenant and an occupant, and impairment of safety of other residents.
Determinations
- Landlord served valid N5, N6 and N7 Notices
- Tenant did not void N5 notice within 7-day period
- Occupant of rental unit committed illegal acts
- Tenant's conduct substantially interfered with reasonable enjoyment of residential complex
- Landlord failed to demonstrate Tenant's posts seriously impaired safety
Case Study
The Landlord has proven the grounds for termination of the tenancy. The Tenant did not void the N5 notice within the 7-day period as the noise disturbances continued. The evidence also demonstrated that an occupant of the rental unit committed illegal acts. However, the Landlord failed to demonstrate that the Tenant's posts on social media seriously impaired the safety of any person.
Arguments and Actions
Tenant
Actions
The Tenant admitted to having loud disagreements with her father and acknowledged slamming the door of the rental unit because it does not shut properly.
Decision Summary
The tenancy is terminated effective December 31, 2023. The Tenant must vacate the rental unit by this date. The Landlord is entitled to the application filing fee of $186, and the Tenant is owed $1,011.94 for the rent deposit and interest, which will be applied to the last month's rent.
Reason for Eviction Relief
Additional time is given to the Tenant to secure alternative accommodation.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Application Fee
$186
Rent Deposit
$970
Deposit Interest
$42
Total Owing
-$826 (Owed to Tenant)
Source
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