Divert v Kuhn

Landlord wins · St Thomas · 2025-07-11

Adjudicator

James Campbell

Dispute

Damage to Property, Substantial Interference

Notice

Substantial interference (N5), Damages (N5)

Amount

$5-10K

Landlord

K.D.

Tenant

E.K.

What happened

The Landlord applied to terminate the tenancy and evict the Tenant due to substantial interference with reasonable enjoyment and willful or negligent damage. The core issue involved the Tenant's consistent failure to prepare her rental unit for scheduled bed bug treatments between May and August 2024, which resulted in the Landlord incurring significant out-of-pocket expenses for missed appointments. Despite receiving an N5 notice, the Tenant failed to rectify the conduct or pay the full amount of damages, and continued to miss treatments even after the application was filed.

The ruling

The LTB ordered the termination of the tenancy effective July 22, 2025. The Tenant is ordered to pay the Landlord a total of $6,327.64, covering compensation for the use of the unit, reimbursement for missed pest control treatments, and the application filing fee, after deducting the rent deposit and interest. Eviction will be enforced if the Tenant does not vacate by the specified date.