Whalen v Brownell

Landlord wins · Cornwall · 2025-02-13

Adjudicator

Stephanie Ball

Dispute

Substantial Interference

Notice

Persistent late payment (N5)

Amount

<$5K

Landlord

C.W.

Tenant

L.B.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's behavior that substantially interfered with the Landlord's and other tenants' reasonable enjoyment of the residential complex. The Landlord alleged the Tenant allowed garbage to accumulate in the yard, leaving used diapers and dog feces, which led to complaints from other tenants about rats.

The ruling

The Landlord's application is granted. The tenancy is terminated effective February 24, 2025. The Tenant must pay the Landlord $4,463.88 for use of the unit from July 9, 2024 to January 15, 2025, less the Tenant's deposit and interest. The Tenant must also pay $27.80 per day for use of the unit starting January 16, 2025 until the Tenant moves out. The Tenant must also pay the Landlord's $201 application filing fee.