Landlord Wins Substantial Interference Case: Xu v Hanson 2024
Toronto landlord wins eviction order against tenants whose dog substantially interfered with other residents
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 32 Davenport Rd, Toronto, ON M5R0B5
Decision in favor of
landlord
Balance Owed to Landlord
$258
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Nov 2023
Hearing Date
Jun 2024
Order Date
Jul 4, 2024
Tenancy End Date
Jul 2024
Dispute Summary
Landlord 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. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.
Determinations
- Landlord served valid N5 notices
- Tenants did not control their dog
- Dog noise and waste substantially interfered with Landlord's rights
- Condominium corporation threatened legal action against Landlord
- Tenants did not intend to control their dog
Arguments and Actions
Tenant
Actions
Tenants did not control their dog, which caused noise and waste issues that substantially interfered with the Landlord's rights.
Decision Summary
The tenancy is terminated, and the Tenants must move out by July 15, 2024. If they do not, the Landlord can file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. The Tenants must also pay the Landlord $71.51 per day for use of the unit starting June 16, 2024 until they move out, and $186.00 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
24
Landlord Favorable
91.7%
Tenant Favorable
0.0%
Mutual Agreement
8.3%
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Financial Details
Application Fee
$186
Other Owed Amount
$72
Compensation for use of unit after termination date
Total Owing
$258 (Owed to Landlord)
Source
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