Annex Property Group Ltd v Mughal

Landlord wins · Toronto · 2022-02-02

Adjudicator

Sonia Anwar-Ali

Dispute

Substantial interference

Notice

Non-payment of rent (N4), Persistent late payment (N8)

Amount

$5-10K

Landlord

Annex Property Group Ltd

Tenant

R.M.

Landlord rep

David Ciobotaru

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord served a valid first N5 notice and a second non-voidable N5 notice due to continued noise issues from the Tenant.

The ruling

The tenancy is terminated effective May 20, 2021. The Tenant must vacate the unit by February 13, 2022 and pay the Landlord $8,694.09, which includes compensation for use of the unit, the application filing fee, less the rent deposit. If the Tenant does not pay the full amount by the due date, they will owe interest on the outstanding balance.