Landlord Wins Substantial Interference Case: Vee Two Inc. v Cleland 2023
Oshawa tenants evicted for substantial interference, ordered to pay landlord costs
Summarized by RentZenLast updated: September 12, 2024
Case Summary
2 1055 Ravine Road, Oshawa, ON L1H4C9
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2023
Order Date
May 12, 2023
Tenancy End Date
May 2023
Dispute Summary
The landlords applied for an order to terminate the tenancy and evict the tenants because the tenants, another occupant of the rental unit, or someone the tenants permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the landlord or another tenant.
Determinations
- Landlords served valid N5 notice
- Tenants did not void notice by stopping conduct
- Tenants in possession on application date
Case Study
The landlords have proven on a balance of probabilities the grounds for termination of the tenancy. The tenants did not stop the conduct or activity within seven days after receiving the N5 notice of termination.
Arguments and Actions
Tenant
Actions
Tenants were smoking substances in the rental unit, affecting other tenants.
Decision Summary
The tenancy is terminated effective May 23, 2023. The tenants must move out by that date. If they do not, the landlords may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction starting May 24, 2023. The tenants must pay the landlords $186 for the application filing fee and $46.58 per day for compensation for use of the unit starting May 24, 2023 until they move out.
Adjudicator Details
LTB Member
Total Orders
390
Landlord Favorable
85.6%
Tenant Favorable
7.2%
Mutual Agreement
7.2%
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Financial Details
Lawful Rent
$1,417
Application Fee
$186
Rent Deposit
$1,417
Total Owing
$186 (Owed to Landlord)
Source
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