Spallacci Contracting Ltd. v Hohberger

Landlord wins · Hamilton · 2022-02-08

Adjudicator

Nancy Morris

Dispute

Damage to Property, Substantial Interference

Notice

Substantial interference with reasonable enjoyment (N5)

Amount

<$5K

Landlord

Spallacci Contracting Ltd.

Tenant

A.H.

Landlord rep

G. Atanasiu, P. Startek

Tenant rep

K. Farrell

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with reasonable enjoyment and lawful rights of the Landlord and other tenants. The Landlord claimed the Tenant repeatedly failed to prepare the rental unit for pest control treatment and caused damage to baseboards and drywall.

The ruling

The Landlord's application was granted. The Tenant is ordered to properly prepare the unit for pest control treatment upon lawful notice. The Tenant must pay $339.00 for damages and $186.00 for the application fee. If the Tenant fails to comply with pest control preparation, the Landlord may apply for eviction without notice within 30 days of the breach.