Filella v Craig

Split/Other wins · Cornwall · 2023-12-04

Adjudicator

Mark Melchers

Dispute

Safety, Substantial Interference

Landlord

R.F., R.F.

Tenant

A.C.

Tenant rep

Melissa Robinson-Mason

What happened

Landlords applied for an order to terminate the tenancy and evict the 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 Landlords or another tenant, and the Tenant, another occupant of the rental unit or a person the Tenant permitted in the residential complex has seriously impaired the safety of any person and the act or omission occurred in the residential complex.

The ruling

The tenancy between the Landlords and the Tenant is terminated. The Tenant must move out of the rental unit on or before January 31, 2024. If the unit is not vacated by that date, the Landlords may file the order with the Court Enforcement Office (Sheriff) for eviction starting February 1, 2024. The Tenant shall pay the rent for December 2023, and the Landlords' rent deposit of $750 shall be applied to the January 2024 rent. The Tenant shall pay the Landlords $24.66 per day for use of the unit starting February 1, 2024 until move-out, and the Landlords shall pay the Tenant $25.64 for interest on the rent deposit.