Medallion Corporation v Ortiz and Hillier

Landlord wins · Toronto · 2022-02-09

Adjudicator

Randy Aulbrook

Dispute

Substantial interference

Notice

Persistent late payment (N5)

Amount

$5-10K

Landlord

M.C.

Tenant

M.O., I.B.H.

Landlord rep

Mark Melchers

What happened

Landlord applied to terminate the tenancy and evict Tenants due to the Tenant's (IBH) behavior and conduct that substantially interfered with the reasonable enjoyment of the residential complex by other tenants and the Landlord's lawful rights. The Landlord served two N5 notices, but the first was voided by the Tenants within the 7-day period. The second N5 notice was found to be valid.

The ruling

The tenancy between the Landlord and the Tenants is terminated effective February 20, 2022. The Tenants must move out of the rental unit on or before February 20, 2022. The Tenants shall pay the Landlord $10,681.82, which represents compensation for the use of the unit from May 18, 2021 to February 9, 2022, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants shall also pay the Landlord $45.01 per day for compensation for the use of the unit from February 10, 2022 to the date they move out of the unit, as well as $186.00 for the cost of filing the application.