Finlay v Fournier

Landlord wins · Cambridge · 2020-09-02

Adjudicator

Jitewa Edu

Dispute

Damage to Property, Substantial Interference

Notice

Notice to Terminate a Tenancy Early (N5)

Amount

$10-20K

Landlord

D.F.

Tenant

D.F., M.B.

Landlord rep

Gail Kukor-Lang

What happened

Landlord applied to terminate the tenancy and evict the Tenants due to their conduct causing substantial interference with the reasonable enjoyment of the residential complex and undue damage to the premises. The Landlord alleged the Tenants engaged in noise disturbances, accumulated garbage around the complex, and failed to correct the issues after receiving a N5 notice.

The ruling

The tenancy is terminated effective August 15, 2020. The Tenants must pay the Landlord $1,076.61 for cleanup costs, $10,562.44 for compensation of use from December 11, 2019 to August 4, 2020, and $44.38 per day from August 5, 2020 until they vacate. The Tenants must also pay $190 for the application filing fee. If the full amount is not paid by August 15, 2020, interest will accrue at 2% annually on the outstanding balance. If the unit is not vacated by August 15, 2020, the Landlord may file the order with the Sheriff for enforcement.