DTSSAB v Dzambic

Landlord wins · Kirkland Lake · 2023-08-30

Adjudicator

Lisa Del Vecchio

Dispute

Substantial Interference

Notice

Interfering with Others, Damage or Overcrowding (N5)

Amount

<$5K

Landlord

D.

Tenant

A.D.

Landlord rep

C. Danchuk

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant substantially interfering with another tenant's or the Landlord's reasonable enjoyment of the residential complex, and/or lawful rights, privileges, or interests. The Landlord served two N5 Notices alleging the Tenant's conduct of lighting fireworks, having fires, and yelling at another tenant.

The ruling

The tenancy is terminated, and the Tenant must vacate the rental unit by September 10, 2023. The Tenant shall pay the Landlord $4.57 per day for use of the unit starting September 1, 2023 until the move-out date, and $186 for the Landlord's application filing costs. If the Tenant does not pay the full amount by September 10, 2023, they will owe interest at 6% annually on the outstanding balance.