Shelly v Dinelle

Landlord wins · Smiths Falls · 2023-02-06

Adjudicator

Curtis Begg

Dispute

Wilful or negligent damage, Substantial interference

Notice

N5 Notice of Termination

Amount

<$5K

Landlord

E.S.

Tenant

K.D., K.B.

Landlord rep

J.Moak

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the Landlord's reasonable enjoyment or lawful right, privilege or interest, and wilful or negligent damage to the rental unit. The Landlord served a valid N5 notice of termination, but the Tenants did not void the notice by paying the damages.

The ruling

The tenancy is terminated. The Tenants must vacate the rental unit by February 17, 2023. The Tenants owe the Landlord $4,940.24 for damages, unpaid utilities, and application fees, less the rent deposit and interest. If the Tenants do not pay by February 17, 2023, they will owe interest on the outstanding balance.