Casale v Connell

Landlord wins · Hamilton · 2024-01-17

Adjudicator

Emily Robb

Dispute

Damage to Property, Substantial Interference

Notice

Persistent late payment (N5), Persistent late payment (N5)

Amount

$5-10K

Landlord

T.C., R.C.

Tenant

A.C., T.O.

What happened

Landlord applied to terminate the tenancy and evict the tenants due to substantial interference with the reasonable enjoyment of the rental unit and wilful or negligent damage to the premises. The landlord served two N5 notices alleging incidents of fire hazard, flooding, and other disruptive behavior.

The ruling

The L2 application for substantial interference and damages is dismissed. The L1 application for non-payment of rent is granted. The tenancy is terminated unless the tenants pay $12,383 by February 29, 2024 or $13,983 by March 31, 2024 to void the order. If the tenants do not pay, they must vacate the unit by March 31, 2024.