Cityhousing Hamilton Corporation v Stargratt

Landlord wins · Hamilton · 2022-01-18

Adjudicator

Nancy Morris

Dispute

Substantial interference

Notice

N5

Amount

<$5K

Landlord

C.H.C.

Tenant

G.S.

Landlord rep

S. Churcher

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant and his guests substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord alleged the Tenant and his guests were yelling, arguing, being abusive to staff, and failing to control his dog.

The ruling

The tenancy is terminated effective February 28, 2022. The Tenant must vacate the unit by that date and pay the Landlord $186 for the application filing fee. If the Tenant does not pay the full amount by February 28, 2022, they will owe simple interest at 2% annually on the outstanding balance starting March 1, 2022. If the unit is not vacated by February 28, 2022, the Landlord may file the order with the Court Enforcement Office for enforcement.