Harper v Hamilton

Landlord wins · St.Catharines · 2023-02-09

Adjudicator

Diane Wade

Dispute

Substantial interference

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

R.H.

Tenant

K.H., T.F.

Landlord rep

Jennifer Ricci

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlords or another tenant. The application was filed after serving two valid Notices to Terminate the Tenancy Early for Substantial Interference (N5 Notices), which the tenants did not void by correcting the issues within the 7-day period.

The ruling

The tenancy is terminated effective February 20, 2023. The Tenants must move out by this date. If they do not, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. The Tenants must pay the Landlord $186 for the cost of filing the application by February 20, 2023. If they do not pay by the due date, they will owe interest at 5% annually on the outstanding balance.