SIMCOE COUNTY HOUSING CORP v Recollect

Last updated: December 14, 2024

Order

Ordered by Tribunals Ontario  under Section 69, Residential Tenancies Act, 2006

Order Date: August 9, 2024
*** 407 Midland Ave, Midland, ON L4R3L1
Uncontested Dispute

Decision in favor of

Landlord

Ordered Amount

$186

to Landlord

Dispute Categories

Notices Sent

N5

Subsections of RTA Quoted

6883(1)83(2)
ContentionExtreme

Agree with the ruling?

Citation: SIMCOE COUNTY HOUSING CORP v Recollect, 2024 ONLTB 59140

File Number: LTB-L-097879-23

Timeline

Application Date

Dec 2023

8 months

Hearing Date

Aug 2024

8 days

Order Date

Aug 9, 2024

18 days

Tenancy End Date

Aug 2024

Decision

The tenancy is terminated, and the Tenant must move out by August 27, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Sheriff for enforcement. The Tenant must pay the Landlord $186 for the application filing fee. If the Tenant does not pay the full amount by August 27, 2024, they will owe interest at 7% annually on the outstanding balance starting August 28, 2024.

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Dispute

Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord alleged issues with the Tenant's dog, noise, and other disruptive behavior.

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Determinations

  • First N5 notice was valid
  • Landlord gave second N5 notice
  • Tenant's conduct substantially interfered with Landlord and other tenants' enjoyment
  • Tenant's behavior escalating and warrants eviction
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Landlord's Arguments

Tenant's Arguments

Actions and Evidence

Tenant was making excessive noise, allowing unauthorized persons to use the laundry room, and had a dog that was barking and bit the Tenant.

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Financial Details

Application Fee

$186

Ordered Amount

$186 (to Landlord)

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