Briar Rose Co-operative Homes Inc. v Smith

Landlord wins · Welland · 2023-02-07

Adjudicator

Nancy Morris

Dispute

Persistent late payment, Illegal Act, Non-payment of Rent, Substantial interference

Notice

Non-payment of Regular Monthly Housing Charges (N4C)

Amount

$10-20K

Landlord

Briar Rose Co-operative Homes Inc.

Tenant

J.S.

Landlord rep

J. Callendar

What happened

Landlord applied for an order to end the occupancy of the member unit and evict the Co-op Member due to failure to pay regular monthly housing charges, persistent late payment, and the Co-op Member's conduct that substantially interferes with the reasonable enjoyment of the residential complex and impairs the safety of others.

The ruling

The Co-op Member's occupancy is terminated, and they must vacate the unit by February 18, 2023. The Co-op Member must pay $4,321 in arrears and costs, plus $33.86 per day in compensation until they vacate. They must also pay $7,875.29 to reimburse the Co-op for expenses to repair the damage caused by the Co-op Member's actions. If the full amount is not paid by February 19, 2023, the Co-op Member will owe interest at 5% annually on the outstanding balance.