Lang v Neely

Last updated: August 9, 2026

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Order

Order Date: May 29, 2026
Unit ***, 402 SCENIC DR, LONDON, ON N5Z3A8
Contested Dispute
Application L2Filed by LandlordDocument Order

Decision in favor of

Landlord

Notices Sent

Substantial interference (N5)Damage to property (N5)

Subsections of RTA Quoted

83(1)(a)83(2)204(1)
ContentionHigh

Agree with the ruling?

Citation: Lang v Neely, 2026 ONLTB 42424

File Number: LTB-L-013429-26

Timeline

Hearing Date

May 2026

9 days

Order Date

May 29, 2026

Decision

The application for eviction is granted, but relief from eviction is provided subject to conditions regarding noise, loitering, and theft, as well as payment of the application fee.

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Reason for Eviction Relief

Tenant has resided there for 8 years, unit is affordable, and behaviour was primarily from guests/occupants.

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Dispute

Landlord applied to terminate the tenancy for substantial interference and damage to the unit. The Tenant contested the claims of damage. The adjudicator found substantial interference proven but damage not proven.

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Determinations

  • The Landlord has proven substantial interference with reasonable enjoyment.
  • The Landlord failed to prove the Tenant willfully or negligently caused damage to the unit.
  • Relief from eviction granted subject to conditions.
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Landlord's Arguments

Actions and Evidence

The Landlord served two N5 notices regarding noise and damage caused by the Tenant and his guests.

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Considerations

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Tenant's Arguments

Arguments

The Tenant argued that the Landlord failed to repair a broken toilet and that he should not be held responsible for the window or bicycle marks.

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Actions and Evidence

The Tenant's guests and occupants engaged in yelling, screaming, loitering in halls, and fighting, which interfered with the reasonable enjoyment of other tenants.

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Considerations

Excessive noiseLoiteringFighting

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