Northumberland County Housing Corporation v Grass - LTB Ruling on Substantial Interference
Landlord wins LTB case to evict tenant for keeping rental unit in unclean, cluttered condition that substantially interfered with others' enjoyment
Summarized by RentZenLast updated: November 3, 2024
Case Summary
43 Wellington St, Port Hope, ON L1A2M4
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
May 2024
Order Date
Jul 5, 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. The Landlord alleged that the rental unit was kept in an unclean condition, with excessive clutter, odours, and blocked egress.
Determinations
- Landlord served valid N5 Notice
- Tenant did not void notice within 7 days
- Tenant in possession on application date
- Condition of rental unit substantially interfered with Landlord's or other tenant's reasonable enjoyment or lawful right, privilege or interest
Case Study
The Landlord's uncontested evidence, including testimony from the Landlord's witness and submitted photographs, showed that the rental unit was kept in an unclean condition with excessive clutter, odours, and blocked egress, which substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Tenant did not void the N5 notice of termination within the required 7 days.
Arguments and Actions
Tenant
Actions
Tenant's rental unit was found to be in an unclean condition with excessive clutter, odours, and blocked egress on multiple inspections.
Decision Summary
The Landlord's application is granted. The tenancy is terminated effective July 31, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. The Tenant is ordered to pay the Landlord $186 for the cost of filing the application.
Reason for Eviction Relief
to give the Tenant additional time to find new living accommodations
Adjudicator Details
LTB Member
Total Orders
80
Landlord Favorable
86.3%
Tenant Favorable
11.3%
Mutual Agreement
2.5%
Need assistance from an expert?
Sponsored
Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.