Landlord Wins Substantial Interference Case: Ricci v Anwar 2023
Toronto landlord successfully evicts tenant for repeated late night noise violations
Summarized by RentZenLast updated: September 12, 2024
Case Summary
817 Lansdowne Ave, Toronto, ON M6H3Z1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 25, 2023
Tenancy End Date
Jun 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict 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 the Tenant was making loud noises, jumping, banging, and slamming doors in the rental unit, disturbing neighboring tenants.
Determinations
- Landlord served valid N5 Notice
- Tenant did not void notice within 7 days
- Tenant in possession on application date
- Tenant's actions substantially interfered with reasonable enjoyment of other tenants
- Tenant's actions substantially interfered with Landlord's lawful rights
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy due to the Tenant's conduct substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Tenant did not void the N5 notice within the 7-day period and the disturbances have continued after the notice was served.
Arguments and Actions
Tenant
Arguments
Tenant claimed medication he was taking affected his memory and behavior, but provided no medical evidence of long-term effects.
Actions
Tenant was jumping, banging, stomping, and using full body weight to fall to the floor, causing disturbances to neighboring tenants on multiple occasions.
Decision Summary
The tenancy is terminated effective June 30, 2023. The Tenant must vacate the rental unit by that date. The Tenant shall pay the Landlord $16.43 per day for use of the unit from March 22, 2023 until the Tenant moves out, and the Landlord's application filing fee of $186.
Reason for Eviction Relief
The Tenant has lived in the rental unit for 10 years, has community supports nearby, and is dealing with recent trauma. The Tenant needs time to find a new place to live.
Adjudicator Details
LTB Member
Total Orders
437
Landlord Favorable
96.1%
Tenant Favorable
2.5%
Mutual Agreement
1.4%
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Financial Details
Lawful Rent
$500
Application Fee
$186
Rent Deposit
$500
Deposit Interest
$93
Source
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