Evictly

Tang v Smith

Landlord wins · Windsor · 2025-01-08

Adjudicator
Panagiotis Peter Roupas
Dispute
Damage to Property, Substantial Interference
Notice
N5 Notice to End your Tenancy for interfering with others, damage or overcrowding
Amount
$5-10K
Landlord
Y.T.
Tenant
L.V.S., F.B.R.
Landlord rep
Cameron Parrott

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant, and willful or negligent damage to the premises. The Landlord served a valid N5 notice, but the Tenants had already vacated the rental unit prior to the hearing.

The ruling

The Landlord's application to terminate the tenancy is dismissed as the Tenants had already vacated the rental unit. However, the Tenants are ordered to pay the Landlord $8,955.00 for the reasonable costs to repair and replace property damaged by the Tenants, as well as $186.00 for the application filing costs, for a total of $9,141.00 to be paid by January 19, 2025. If the Tenants do not pay the full amount by the due date, they will owe interest at 5% annually on the outstanding balance.