Evictly

Kopic v Brooks Cooper

Landlord wins · Toronto · 2021-02-05

Adjudicator
Debbie Mosaheb
Dispute
Damage to Property, Serious Impairment of Safety
Notice
Notice to End Your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex (N7)
Amount
$5-10K
Landlord
I.K., T.K.
Tenant
T.B.C.
Landlord rep
Peter Balatidis

What happened

Landlords applied to terminate the tenancy and evict the Tenant due to the Tenant or the Tenant's guests seriously impairing the safety of others by discarding lit cigarettes over the balcony, which landed on the lower level terrace and caused damage to the outdoor furniture of the downstairs neighbor.

The ruling

The tenancy is terminated effective February 10, 2021. The Tenant must vacate the unit by that date. The Tenant is ordered to pay the Landlords $9,172.90 for compensation for use of the unit from September 4, 2020 to February 5, 2021, and an additional $59.18 per day from February 6, 2021 until the Tenant vacates. The Tenant must also pay the $186 application fee. If the Tenant does not pay the full amount by February 10, 2021, interest will start accruing at 2% annually on the outstanding balance. If the unit is not vacated by February 10, 2021, the Landlords may file the order with the Sheriff for enforcement.