Moodie Apartments v Whitefield

Landlord wins · Thunder Bay · 2021-11-04

Adjudicator

Renée Lang

Dispute

Substantial Interference

Notice

Substantial interference (N5), Substantial interference (N5)

Amount

<$5K

Landlord

Moodie Apartments

Tenant

J.W., P.S.

Landlord rep

M. Mizzi, N. Mizzi

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenants due to substantial interference. The Landlord served two N5 notices alleging the Tenants refused entry into the rental unit on multiple occasions, which prevented the Landlord from complying with a public health order to remediate mould in the building.

The ruling

The tenancy is terminated effective November 15, 2021. The Tenants must vacate the unit by that date and pay the Landlord $36.93 per day for use of the unit after that date, as well as $186 for the application filing fee. If the Tenants do not pay the full amount owed by November 15, 2021, they will owe interest at 2% annually on the outstanding balance.