235 Rebecca Street Limited v Oneil
Landlord wins · Hamilton · 2024-09-18
- Adjudicator
- Dawn Carr
- Dispute
- Serious Impairment of Safety, Substantial Interference
- Notice
- N5 Notice of Termination, N7 Notice of Termination
- Amount
- <$5K
- Landlord
- 235 Rebecca Street Limited
- Tenant
- D.O.
- Landlord rep
- Alysia Hyde, Lindsay Faria
What happened
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant's aggressive behavior towards the Landlord's agents and employees, the Tenant's refusal to allow access for pest control and other valid reasons, and the Tenant's installation of supplemental locks that prevented the Landlord from entering the unit. The Landlord also claimed compensation for the Tenant's continued occupancy of the unit after the termination date.
The ruling
The Landlord's application to terminate the tenancy and evict the Tenant is granted. The tenancy is terminated effective March 31, 2025 to allow the Tenant, who has a son with a disability, time to make alternative arrangements. The Tenant is ordered to pay the Landlord $4,198.32 in compensation for use of the unit from December 13, 2023 to May 28, 2024, minus any amounts already paid, and an additional $24.99 per day from May 29, 2024 until the Tenant vacates the unit. The Landlord is also entitled to $186 for the application filing fee.