Lang v Neely
Last updated: August 9, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Lang v Neely, 2026 ONLTB 42424
File Number: LTB-L-013429-26
Timeline
Hearing Date
May 2026
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.
Reason for Eviction Relief
Tenant has resided there for 8 years, unit is affordable, and behaviour was primarily from guests/occupants.
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.
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.
Landlord's Arguments
Actions and Evidence
The Landlord served two N5 notices regarding noise and damage caused by the Tenant and his guests.
Considerations
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.
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.
Considerations
Excessive noiseLoiteringFighting
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