Somnarain v Loker

Landlord wins · Hamilton · 2023-12-13

Adjudicator

Mark Melchers

Dispute

Damage to Property, Serious Impairment of Safety, Substantial Interference

Notice

N5 notice, N7 notice

Amount

$5-10K

Landlord

A.S.

Tenant

H.L., T.J.

What happened

Landlord applied to terminate the tenancy and evict the Tenants due to substantial interference, serious impairment of safety, and wilful damage to the premises. The Landlord alleged that the Tenants left garbage outside the rental unit, created excessive noise, and the Tenant Howard Loker punched the Landlord in the face.

The ruling

The tenancy is terminated effective January 3, 2024. The Tenants must vacate the unit by this date. If they do not, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement starting January 4, 2024. The Tenants must pay the Landlord $7,454.58 in compensation for use and occupation of the unit from March 24, 2023 to November 28, 2023, as well as $29.82 per day from November 29, 2023 until they vacate. The Tenants must also pay the Landlord's $186 application filing fee. The Landlord owes the Tenants $913.24 for the rent deposit and interest.