Main East Rest Home v Groves

Tenant wins · 939 MAIN ST E · 2024-09-05

Adjudicator

Dawn Carr

Dispute

Damage to Property, Substantial Interference

Notice

N5

Landlord

M.E.R.H.

Tenant

B.G.

Landlord rep

Sara Almas, Thirusenthran Sivapatham

Tenant rep

Michael Blashko, Gwen Groves

What happened

The Landlord applied for an order 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 the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has wilfully or negligently caused damage to the premises. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date, and for the Landlord's reasonable out-of-pocket costs to repair or replace undue damage to property.

The ruling

The application is dismissed. The Landlord shall pay the Tenant $200.00 in costs by September 15, 2024. If the Landlord does not pay the Tenant the full amount owing by September 15, 2024, the Landlord will owe interest at 7.00% annually on the balance outstanding.