Landlord Wins Substantial Interference Case: Lazaruk v Skelton 2024
Brantford landlord wins eviction case against tenants for substantial interference due to hoarding
Summarized by RentZenLast updated: October 13, 2024
Case Summary
7 Fleet St, Brantford, ON N3T3S8
Decision in favor of
landlord
Balance Owed to Landlord
$8,123
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Dec 2023
Hearing Date
Jan 2024
Order Date
Feb 14, 2024
Tenancy End Date
Feb 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to the Tenants substantially interfering with the reasonable enjoyment of the rental unit and complex. The Landlord served a valid N5 notice alleging the Tenants have kept the rental unit in an extremely high state of clutter, and despite the Landlord cleaning up the property multiple times, the Tenants continue to accumulate more junk and refuse.
Determinations
- Landlord served valid N5 notice
- Tenants did not void notice by correcting the issue
- Tenants in possession on application date
- Substantial interference with Landlord and other tenants' enjoyment
- Landlord incurred costs to clean up property
- Mortgage broker refused to renew mortgage due to property condition
Arguments and Actions
Landlord
Actions
Landlord made multiple attempts to clean up the property, incurring significant costs, but the Tenants continued to re-accumulate clutter. Landlord's mortgage broker refused to renew the mortgage due to the property condition.
Tenant
Arguments
Tenants argued their mental health issues, including depression and anxiety, contributed to the hoarding behavior, and requested the Landlord provide a monthly garbage bin to accommodate them.
Actions
Tenants have kept the rental unit in an extremely high state of clutter, and continue to accumulate more junk and refuse despite the Landlord's cleanup efforts. One Tenant physically threatened a contractor who tried to assess the property.
Aggravating Factors
Tenants' refusal to allow contractors to access the property to clean, and deceptive behavior in hiding clutter from camera view
Decision Summary
The Landlord's application is granted. The tenancy is terminated effective February 29, 2024. The Tenants must vacate the rental unit by this date. If they do not, the Landlord may file the order with the Sheriff to enforce the eviction. The Tenants owe the Landlord $8,123.16 less any payments already made, which includes rent arrears, city cleanup costs, and daily compensation for use of the unit. If the full amount is not paid by February 29, 2024, the Tenants will owe interest at 7% annually on the outstanding balance.
Reason for Eviction Relief
To provide the Tenants additional time to vacate the unit due to their mental health issues
Adjudicator Details
LTB Member
Total Orders
269
Landlord Favorable
86.6%
Tenant Favorable
8.9%
Mutual Agreement
4.5%
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Financial Details
Lawful Rent
$1,600
Rent Arrears
$3,000
Rent Deposit
$1,600
Deposit Interest
$61
Other Owed Amount
$6,267
City cleanup costs
Total Owing
$8,123 (Owed to Landlord)
Source
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