Menicucci v Commanda

Landlord wins · Toronto · 2023-02-08

Adjudicator

Diane Wade

Dispute

Damage to property, Substantial interference

Notice

N5

Amount

<$5K

Landlord

G.M.

Tenant

L.C.

Landlord rep

Oleksandr Pichugin

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant, and wilful or negligent damage to the premises. The application was filed after serving a valid N5 notice, which the tenant did not void within the 7-day period.

The ruling

The tenancy is terminated, and the Tenant must vacate the rental unit by February 19, 2023. The Tenant must pay the Landlord $904 for the cost of repairing damages and $186 for the application filing fee, for a total of $1,090. If the Tenant does not pay the full amount by February 19, 2023, they will owe interest at 5% annually on the outstanding balance.