280 Wellesley Residences v Shaffer

Landlord wins · Toronto · 2021-11-08

Adjudicator

Alex Brkic

Dispute

Substantial Interference

Notice

N5 (Substantial interference)

Amount

<$5K

Landlord

280 Wellesley Residences

Tenant

D.R.S.

Landlord rep

Charlie Bobrowsky

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlords or another tenant. The application was filed after serving two valid N5 notices on the Tenant regarding the Tenant's refusal to allow pest control treatment and failure to prepare the rental unit for treatment.

The ruling

The tenancy is terminated effective November 19, 2021. The Tenant must vacate the rental unit by November 19, 2021 and pay the Landlord $186 for the cost of filing the application. If the Tenant does not pay the amount owed by November 19, 2021, the Tenant will start to owe interest at 2% annually on the outstanding balance. If the unit is not vacated by November 19, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction, and the Tenant will owe the Landlord $45.80 per day for compensation for the use of the unit until the Tenant moves out.