New Horizon Homes (Westwood) Inc. v Morrison - LTB Ruling on Tenant Interference
Burlington landlord wins case against tenant for substantial interference with other tenants, tenant ordered to vacate and pay over $9400
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 982 Falcon Blvd, Burlington, ON L7T3C1
Decision in favor of
landlord
Balance Owed to Landlord
$9,453
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Apr 2023
Hearing Date
Mar 2024
Order Date
Jun 6, 2024
Tenancy End Date
Jul 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant by screaming, yelling and dragging heavy objects across the floor.
Determinations
- Landlord served valid N5 Notice
- Tenant did not void notice by stopping the activities
- Tenant in possession on application date
- Tenant's actions substantially interfered with other tenants' reasonable enjoyment
Arguments and Actions
Landlord
Actions
Landlord received complaints from other tenants about excessive noise, screaming, and yelling coming from the Tenant's unit. Police were called multiple times.
Tenant
Arguments
Noise was likely caused by balcony repairs, bathroom door/frame, or a neighboring tenant's music, not the Tenant's actions.
Actions
Tenant was reported to be screaming, yelling and dragging heavy objects across the floor, disrupting other tenants.
Decision Summary
The Landlord's application is allowed. The tenancy is terminated effective July 21, 2024. If the Tenant does not vacate by that date, the Landlord may file the order with the Sheriff for enforcement. The Tenant must pay the Landlord $9,453.47, which includes compensation for use and occupation of the unit, and the application filing fee. If the Tenant does not pay the full amount by July 21, 2024, they will owe interest at 7% annually on the outstanding balance.
Reason for Eviction Relief
Tenant's disability and impact on other tenants
Adjudicator Details
LTB Member
Total Orders
85
Landlord Favorable
96.5%
Tenant Favorable
2.4%
Mutual Agreement
1.2%
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Financial Details
Lawful Rent
$1,186
Application Fee
$186
Other Owed Amount
$5,711
Daily compensation for use and occupation of the rental unit from May 2, 2023 to March 26, 2024
Total Owing
$9,453 (Owed to Landlord)
Source
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