Landlord Wins Substantial Interference Case: Luz v Raimundo 2024
North York tenants face eviction and $10906 bill for substantial interference with landlord's enjoyment
Summarized by RentZenLast updated: November 3, 2024
Case Summary
76 Purdon Dr, North York, ON M3H4X1
Decision in favor of
landlord
Balance Owed to Landlord
$10,906
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Aug 2023
Hearing Date
May 2024
Order Date
May 30, 2024
Tenancy End Date
May 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another Tenants. The Landlord also claimed the Tenants abandoned the unit.
Determinations
- Tenants have not abandoned the unit
- Landlord proven grounds for termination based on substantial interference
- Tenancy terminated as of 2024-05-30
- Tenants to pay $10,905.80 to Landlord
Arguments and Actions
Landlord
Actions
Landlord inspected the unit on August 17, 2023 and observed personal belongings, furniture and a vehicle owned by the Tenants. Landlord has not received any communication from the Tenants about moving out or returning the keys.
Tenant
Actions
Tenants did not pay rent since August 2023 and did not respond to Landlord's attempts to communicate.
Decision Summary
The tenancy is terminated effective May 30, 2024 due to the Tenants' substantial interference with the Landlord's reasonable enjoyment or lawful right, privilege or interest. The Tenants must pay the Landlord $10,905.80, which includes rent arrears, daily compensation, and the application filing fee. If the Tenants do not vacate by June 13, 2024, the Landlord can file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
17
Landlord Favorable
76.5%
Tenant Favorable
23.5%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,320
Rent Arrears
$10,720
Application Fee
$186
Total Owing
$10,906 (Owed to Landlord)
Source
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