Landlord Wins Substantial Interference Case: Ringare Investments Limited c/o Realstar Management Partnership v Shanahan 2024
Hamilton tenant faces eviction for substantial interference, ordered to pay $13039 to landlord
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 111 Market St, Hamilton, ON L8R3K2
Decision in favor of
landlord
Balance Owed to Landlord
$13,039
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Jun 2023
Hearing Date
Jun 2024
Order Date
Jul 3, 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's conduct substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord alleged the Tenant excessively contacted the Landlord, with at least 90 voicemails being left, and the Tenant's actions and/or behavior substantially interfered with other tenants and the Landlord's reasonable enjoyment of the residential complex.
Determinations
- Landlord served valid N5 notices
- Tenant's conduct constitutes substantial interference
- Tenant's frequent calls and voicemails impacted staff's ability to perform duties
Arguments and Actions
Tenant
Actions
The Tenant excessively contacted the Landlord, with at least 90 voicemails being left, and the Tenant's actions and/or behavior substantially interfered with other tenants and the Landlord's reasonable enjoyment of the residential complex.
Decision Summary
The Landlord's application was granted. The tenancy is terminated and the Tenant must vacate the rental unit by July 14, 2024. If the Tenant does not vacate by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. The Tenant must also pay the Landlord $35.31 per day for use and occupation of the unit starting July 1, 2024 until the Tenant moves out, as well as $186.00 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
14
Landlord Favorable
92.9%
Tenant Favorable
7.1%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,074
Application Fee
$186
Total Owing
$13,039 (Owed to Landlord)
Source
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