Fisher Kay Ltd. o/a Fairway Place Apts. v Middlebrook
Landlord wins · North York · 2023-12-01
- Adjudicator
- Nancy Morris
- Dispute
- Damage to Property, Safety Impairment, Substantial Interference
- Notice
- N5, N7
- Amount
- >$20K
- Landlord
- Fisher Kay Ltd. o/a Fairway Place Apts.
- Tenant
- S.M., M.M., K.M.
- Landlord rep
- A. Brown, D. Strashin
- Tenant rep
- S. Middlebrook, K. Middlebrook
What happened
The Landlord applied to terminate the tenancy and evict the Tenants due to substantial interference with the Landlord's rights, damage to the premises, and serious impairment to safety. The Landlord alleged the Tenants were harboring numerous dogs and rabbits in unsafe and unsanitary conditions, causing damage exceeding $35,000. The Tenants denied causing any damage and claimed the Landlord failed to maintain the unit.
The ruling
The tenancy is terminated effective January 31, 2024. The Tenants must pay the Landlord $35,000 for damage to the rental unit and $186 for the application filing fee by January 31, 2024. If the Tenants do not vacate by January 31, 2024, the Landlord may file the order with the Sheriff for enforcement starting February 1, 2024.