Evictly

Cuglietta v Menchini

Landlord wins · Ottawa · 2021-01-20

Adjudicator
Dawn Sullivan
Dispute
Substantial Interference
Notice
Substantial interference (N5)
Amount
<$5K
Landlord
David Cuglietta c/o Gow Management
Tenant
G.M., N.D., S.L.
Landlord rep
Todd Gow
Tenant rep
Natalie Daniels

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The application was based on a second N5 notice served on July 19, 2020 for incidents occurring on July 7, 13, and 18, 2020.

The ruling

The tenancy is terminated effective February 28, 2021. The Tenants must vacate the rental unit by that date. If they do not, the Landlord may file the order with the Sheriff to enforce the eviction starting March 1, 2021. The Tenants must pay the Landlord $175 for the application filing fee. If the fee is not paid by January 31, 2021, the Tenants will owe interest at 2% annually on the outstanding balance.