Leblanc v De Naeyer
Landlord wins · Brantford · 2021-10-19
- Adjudicator
- Nancy Morris
- Dispute
- Damage to Property, Inconsistent Use
- Notice
- N7 Notice of Termination for Inconsistent Use
- Amount
- >$20K
- Landlord
- P.L., 1650335 Ontario Inc.
- Tenant
- T.D.N.
- Landlord rep
- P. Leblanc
- Tenant rep
- J. Lloyd
What happened
Landlords applied to terminate the tenancy and evict the Tenant due to alleged undue damage to the rental unit caused by growing hundreds of marijuana plants with a professional watering system and insufficient ventilation, resulting in damage to lighting, electrical system, ceiling tiles, drywall and severe mould problem. The Landlords claimed the rental unit was not being used as a residential premises and was being used as a marijuana business.
The ruling
The tenancy is terminated, and the Tenant must move out by October 24, 2021. The Tenant shall pay the Landlords $35,000 for the reasonable costs of repairing the damage and/or replacing the damaged property, $98.63 per day for compensation for the use of the unit from October 20, 2021 to the date the Tenant moves out, and $186 for the cost of filing the application. If the Tenant does not pay the full amount by October 24, 2021, they will start to owe interest at 2% annually on the outstanding balance.