Osgoode Properties v Estevez

Landlord wins · Ottawa · 2024-06-05

Adjudicator

Jane Dean

Dispute

Damage to Property, Substantial Interference

Notice

N5

Amount

<$5K

Landlord

Osgoode Properties

Tenant

G.E., A.M.

Landlord rep

Anne Skelly, Gabriela Iorga

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment of the residential complex and for damage caused willfully or negligently. The Landlord complained of a foul smell coming from the Tenants' rental unit, which has caused other tenants to vacate the building. The Landlord also claimed the Tenants' dogs have urinated inside the rental unit, causing damage to the flooring that needs to be replaced.

The ruling

The Landlord proved the grounds for termination of the tenancy due to substantial interference with the reasonable enjoyment of the residential complex and for damage caused willfully or negligently by the Tenants' dogs. The tenancy is terminated effective June 16, 2024, and the Tenants must pay the Landlord $4,123.27, which includes the cost of filing the application, the damage to the rental unit, and the interest on the rent deposit.