Miller v Desharnais

Landlord wins · North Bay · 2024-07-12

Adjudicator

James Campbell

Dispute

Damage to Property, Illegal Act, Serious Impairment of Safety, Substantial Interference

Notice

N5 - Substantial interference, N6 - Substantial interference, N7 - Substantial interference, Damage to premises

Amount

$10-20K

Landlord

T.M.

Tenant

C.D.

Landlord rep

Mr. Baboulas, Kerri Byrne

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, wilful or negligent damage to the premises, commission of an illegal act, serious impairment of safety, and wilful undue damage to the rental unit or residential complex. The Tenant had been engaging in aggressive and disruptive behavior towards other tenants and staff, and had caused significant damage to the rental unit.

The ruling

The tenancy is terminated effective immediately as of July 12, 2024. The Tenant must move out by July 12, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for expedited eviction. The Tenant owes the Landlord $10,982.51 for damages to the unit, daily compensation, and the filing fee. If the Tenant does not pay the full amount by July 23, 2024, the Tenant will owe interest at 7% annually on the outstanding balance.