Narciso v Briand

Landlord wins · Hamilton · 2021-09-16

Adjudicator

Nicola Mulima

Dispute

Substantial Interference

Notice

Persistent late payment (N5)

Amount

<$5K

Landlord

R.N.

Tenant

K.B.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's behavior substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord served two N5 Notices of Termination alleging excessive noise, damage to other tenants' property, and storing items in common areas.

The ruling

The tenancy is terminated effective October 15, 2021. The Tenant must pay the Landlord $3,315.03 in compensation, $186 in filing fees, and interest on the outstanding balance starting September 28, 2021. If the unit is not vacated by October 15, 2021, the Landlord may file the order with the Sheriff for enforcement.