Fratangelo v Avery, Appelman

Landlord wins · St. Catharines · 2021-04-06

Adjudicator

Greg Joy

Dispute

Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

P.F.

Tenant

K.A., N.A.

Landlord rep

J. McDougall

What happened

Landlord applied to terminate the tenancy and evict Tenants due to non-payment of rent and substantial interference with the landlord's reasonable enjoyment. The Tenants did not pay rent since August 2020 and had put up an above-ground pool without a permit, parked in the shared driveway, stored construction materials blocking access, refused access for pest control, and left dog feces in the yard.

The ruling

The tenancy is terminated effective April 17, 2021. The Tenants must pay the Landlord $6,821.32 in rent arrears and compensation, plus $31.23 per day starting April 7, 2021 until they vacate. If the Tenants do not pay the full amount by April 17, 2021, they will owe interest, and the Landlord can file the order with the Sheriff for enforcement.