De Andrade v Elder

Landlord wins · Brampton · 2023-11-10

Adjudicator

Lisa Del Vecchio

Dispute

Substantial Interference

Amount

<$5K

Landlord

D.D.A.

Tenant

S.E., E.Q., D.E., A.P., J.B.

Landlord rep

S. Navratil

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date and an order requiring the Tenant to pay the Landlord's reasonable out-of-pocket expenses that are the result of the Tenant's failure to pay utility costs they were required to pay under the terms of the tenancy agreement.

The ruling

The tenancy between the Landlord and the Tenant is terminated, and the Tenant must move out of the rental unit on or before November 30, 2023. The Tenant shall pay the Landlord $3,589.40 for unpaid utility costs and compensation of $82.19 per day for the use of the unit starting December 1, 2023 until the date the Tenant moves out. If the Tenant does not pay the full amount owing by November 30, 2023, the Tenant will start to owe interest at 7.00% annually on the balance outstanding. If the unit is not vacated by November 30, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) for enforcement.