Van De Laar v Simpson

Landlord wins · St Catharines · 2023-04-17

Adjudicator

Maria Shaw

Dispute

Substantial interference

Notice

N5 Notice of Termination

Amount

$5-10K

Landlord

H.V.D.L., K.V.D.L.

Tenant

M.S.

Landlord rep

Kelly Hawke

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord alleged the Tenant engaged in theft, hosted illegal drug parties, and caused disturbances that interfered with other tenants.

The ruling

The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before July 15, 2023. The Tenant shall pay the Landlord $5,308.97, which represents compensation for the use of the unit from March 22, 2022 to February 22, 2023, less the rent the Tenant has paid during this period and the rent deposit and interest the Landlord owes on the rent deposit. The Tenant shall also pay the Landlord $186.00 for the cost of filing the application. The Tenant shall also pay the Landlord compensation of $17.26 per day for the use of the unit starting February 23, 2023 until the date the Tenant moves out of the unit.