JDN MANAGEMENT INC v Smibert
Landlord wins · London · 2023-10-23
- Adjudicator
- Camille Clyne
- Dispute
- Substantial Interference
- Notice
- N5
- Amount
- $10-20K
- Landlord
- JDN PROPERTY MANAGEMENT INC
- Tenant
- K.S., C.S.
- Landlord rep
- Tate MacMillian
What happened
Landlord applied for an order to terminate the tenancy and evict the Tenants due to the Tenants wilfully or negligently causing damage to the premises by storing garbage and debris in common areas of the residential complex for over a year, which the Landlord claims substantially interfered with the reasonable enjoyment of the residential complex.
The ruling
The tenancy is terminated effective November 3, 2023. The Tenants must pay the Landlord $12,237.37 for use and occupation of the unit from June 8, 2022 to June 12, 2023, $575.28 for the Landlord's reasonable out-of-pocket expenses, and $186 for the application filing fee. The Landlord owes the Tenants $1,048.25 for the rent deposit and interest, which is deducted from the amount owed by the Tenants. The total amount the Tenants owe the Landlord is $11,950.40.