Habayit Shelanu Seniors Residence v Flannagan

Landlord wins · Toronto · 2022-09-21

Adjudicator

Michael Di Salle

Dispute

Impairment of safety, Substantial interference

Notice

N5 (second notice), N5 (first notice), N7

Amount

<$5K

Landlord

H.S.S.R.

Tenant

G.F.

Landlord rep

Debra Fine

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord and other tenants, and the Tenant seriously impairing the safety of any person in the residential complex. The Tenant refused to allow the Landlord entry into the rental unit to treat a severe bed bug infestation, which resulted in the infestation spreading to other units.

The ruling

The tenancy is terminated, and the Tenant must vacate the rental unit by October 15, 2022. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. The Tenant must pay the Landlord $186.00 for the cost of filing the application. If the Tenant does not pay the full amount by October 15, 2022, they will start to owe interest at 4.00% annually on the outstanding balance.