Evictly

Cloutier v Schwab

Landlord wins · Kapuskasing · 2024-04-02

Adjudicator
Panagiotis P. Roupas
Dispute
Substantial Interference
Notice
N5
Amount
<$5K
Landlord
G.C.
Tenant
S.S.
Landlord rep
Jeremy Wainwright

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's smoking of tobacco and marijuana in the rental unit, which substantially interfered with the reasonable enjoyment of the residential complex by the Landlord and other tenants. The Landlord served two N5 notices, but the Tenant did not void the notices.

The ruling

The tenancy between the Landlord and Tenant is terminated. The Tenant must move out of the rental unit on or before April 13, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. The Tenant shall pay the Landlord $186.00 for the cost of filing the application. If the Tenant does not pay the full amount by April 13, 2024, the Tenant will start to owe interest at 7.00% annually on the outstanding balance.