LOUCKS v SIMPSON

Landlord wins · Midland · 2025-04-16

Adjudicator

Karen Gonçalves

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Amount

$5-10K

Landlord

W.L.

Tenant

D.S., W.E.

Landlord rep

Chris Loucks, Nicole Fazzari

What happened

The Landlord applied to terminate the tenancy due to the Tenants' substantial interference with reasonable enjoyment, specifically by failing to maintain the property's cleanliness. This neglect led to multiple Orders to Comply from the Town of Midland and a severe rat infestation. The Tenants were served an N5 notice but did not rectify the issues within the seven-day voiding period.

The ruling

The tenancy is terminated, and the Tenants must vacate the rental unit by May 30, 2025. They are ordered to pay the Landlord $8,103.00 as compensation for occupying the unit from December 18, 2024, to April 7, 2025, a daily compensation of $73.00 from April 8, 2025, until they move out, and the $186.00 application fee. The Landlord owes the Tenants the rent deposit plus interest totaling $1,903.09. The eviction is postponed under section 83 to provide the Tenants' family, which includes three children with special needs and an elderly father, additional time to secure new housing.