Izenberg v Berki

Landlord wins · Toronto · 2021-08-23

Adjudicator

Sean Henry

Dispute

Substantial Interference

Amount

$5-10K

Landlord

D.I.

Tenant

E.B., M.C.K., R.S., S.M.K.

Landlord rep

Peter Balatidis

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to their failure to reimburse the landlord for a fixed percentage of the monthly utility costs for the residential complex, which the Landlord claims has substantially interfered with his lawful right, privilege or interest.

The ruling

The tenancy is terminated effective September 3, 2021. The Tenants must vacate the unit by that date. The Tenants are ordered to pay the Landlord $6,459.10, representing compensation for use of the unit from May 10, 2021 to August 23, 2021, less the rent deposit and interest owed on the deposit. The Tenants must also pay $85.48 per day for use of the unit from August 24, 2021 until they vacate, as well as the $186 application filing fee. If the Tenants do not pay the full amount by September 3, 2021, they will owe interest at 2% annually on the outstanding balance.