Klassen v 1444046 Ontario Ltd

Split/Other wins · Simcoe · 2020-10-22

Dispute

Damage to Property, Non-payment of Rent, Substantial Interference

Landlord

1444046 Ontario Ltd, V.V.B.

Tenant

D.K., T.K., K.L.

Landlord rep

Ryan Atkinson, Saurabh Singhal

Tenant rep

Michael Dow

What happened

The Tenants applied for an order to determine whether the Residential Tenancies Act, 2006 applies. The Landlords applied for an order to terminate the tenancy and evict the Tenants due to undue damage to the premises and substantial interference with the Landlords' or another tenant's reasonable enjoyment or lawful right, privilege or interest. The Landlord also applied for an order to terminate the tenancy and evict the Tenants for rent arrears.

The ruling

The tenancy between the Landlords and Tenants is terminated as of December 31, 2020. The Tenants must move out and give vacant possession of the rental unit to the Landlords on or before December 31, 2020. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for eviction starting January 1, 2021. The Tenants shall pay the Landlord $52.60 per day for compensation for the use of the unit starting January 1, 2021 until they move out. The Landlord shall waive the rent arrears of $6,400 to October 31, 2020 and the November 2020 rent of $1,600, and shall pay the Tenants $7,500 and $400 for legal clinic disbursements by November 1, 2020. The Landlord's last month's rent deposit will be applied to the December 2020 rent.