Mallick v Cherry

Landlord wins · Scarborough · 2022-08-31

Adjudicator

Susan Priest

Dispute

Substantial interference

Notice

N5 Notice

Amount

<$5K

Landlord

M.M.

Tenant

D.D., C.C., C.J.

Landlord rep

Nanda Kumar Mallick

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord submitted evidence of noise complaints from other residents in the condominium complex and attempts to address the issue with the Tenants.

The ruling

The tenancy is terminated effective September 11, 2022. The Tenants must vacate the rental unit by that date. If they do not, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenants must pay the Landlord $62.47 per day for use of the unit from August 24, 2022 until the move-out date, as well as $186 for the application filing fee. If the full amount is not paid by September 11, 2022, the Tenants will owe interest at 3% annually on the outstanding balance.