Trombetta v Restell

Landlord wins · Hamilton · 2021-10-12

Adjudicator

Lynn Mitchell

Dispute

Safety, Substantial Interference

Notice

N5, N7

Amount

<$5K

Landlord

D.T.

Tenant

M.R.

Landlord rep

N. Aresta

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant, and because the Tenant has seriously impaired the safety of any person. The application was based on a N5 notice alleging the Tenant damaged property, left water running, and threw garbage, as well as an N7 notice.

The ruling

The tenancy is terminated effective October 23, 2021. The Tenant must vacate the unit by that date. The Tenant must pay the Landlord $201 for the application filing fee. If the Tenant does not pay by October 23, 2021, they will owe interest at 2% annually on the outstanding balance.