Landlord Wins Substantial Interference Case: Signet Group Inc v Oakley 2024
Kitchener landlord wins eviction case against tenant for substantial interference with other tenants' enjoyment
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 80 Adelaide St, Kitchener, ON N2M2B6
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Aug 2024
Order Date
Aug 29, 2024
Tenancy End Date
Sep 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 of the residential complex by the Landlord and other tenants. The Landlord alleged the Tenant engaged in disruptive behavior such as yelling, swearing, revving vehicles, smoking marijuana, and storing items in the exterior space in front of the Tenant's unit.
Determinations
- Landlord served valid N5 notices
- Tenant's conduct substantially interfered with other tenants' enjoyment
- Tenant stored items in exterior space in violation of tenancy agreement
- Tenant's conduct caused disturbance and safety concerns for other tenants
Arguments and Actions
Tenant
Actions
Tenant stored motorbikes, gasoline, and other items in the exterior space in front of the rental unit, causing disturbance and safety issues for other tenants. Tenant and his guests engaged in yelling, swearing, revving vehicles, and smoking marijuana near other units.
Aggravating Factors
Continued disruptive behavior after notices were servedStoring items in exterior space in violation of tenancy agreementCausing disturbance and safety concerns for other tenants
Decision Summary
The Landlord's application is granted. The tenancy is terminated effective September 9, 2024. The Tenant must vacate the unit by that date. If the Tenant does not vacate, the Landlord may file the order with the Sheriff to enforce the eviction. The Tenant must pay the Landlord $186 for the application filing fee.
Adjudicator Details
LTB Member
Total Orders
36
Landlord Favorable
66.7%
Tenant Favorable
27.8%
Mutual Agreement
5.6%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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