Setia v Toye

Landlord wins · Ajax · 2022-07-11

Adjudicator

Susan Priest

Dispute

Substantial interference, Personal use

Notice

Non-payment of rent (N4), Personal use (N12), Persistent late payment (N8)

Amount

$10-20K

Landlord

H.S., S.S.

Tenant

R.T., P.T.

Landlord rep

George Brown

What happened

Landlords applied to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment of the residential complex, the Landlords' need for personal use of the rental unit, and non-payment of rent. The Landlords alleged the Tenants smoked in the rental unit and garage, causing damage and health issues for the Landlords and their children.

The ruling

The tenancy is terminated effective July 22, 2022. The Tenants must pay the Landlords $19,663.02, which includes rent arrears, damage costs, out-of-pocket expenses, and filing fees. If the Tenants do not pay the full amount by July 22, 2022, they will owe interest starting July 23, 2022.