LTB Order LTB-L-087552-24 – Laudano Properties Inc. v. Katryna Friesen

Tenancy terminated pursuant to the L2 application (N8 and N5 grounds).
Tenant ordered to vacate by April 4, 2025; Sheriff may enforce from April 5, 2025.
Total amount owing as of hearing date: $3,998.09 (rent arrears $4,312.09 + filing fee $186.00 – $500.00 paid).
Daily compensation of $30.01 accrues from February 26, 2025 until vacating.
Interest at 5.00% annually on outstanding balance if not paid by April 4, 2025.
Eviction order expires October 5, 2025 if not filed with the Sheriff by that date.

Landlord filed L1 (non-payment of rent) and L2 (persistent late payment via N8; substantial interference via N5) applications against the Tenant.
Tenant failed to pay rent regularly and did not void the N4 notice by paying arrears before the application was filed.
Other tenants complained about weed/cigarette smoke emanating from the Tenant's unit, with one tenant's daughter experiencing allergic reactions. An affidavit and text message evidence were submitted.
Claims regarding dog feces and unauthorized items in the backyard were not found to meet the threshold of substantial interference.
Landlord attempted to arrange a repayment plan via a December 5, 2024 letter; Tenant did not respond.

Tenant has persistently failed to pay rent on the due date, being late 20 of the past 26 months (January 2023–February 2025).
Tenant substantially interfered with the reasonable enjoyment of another tenant by continually smoking in the rental unit from October 3, 2024 onward, in a non-smoking building.
Tenant did not void the N5 notice of termination within the required period.
Dog feces and backyard item claims did not meet the balance of probabilities threshold for substantial interference.
Relief from eviction was denied under s.83(2) of the RTA; no circumstances were presented to prevent or postpone termination.
L1 application converted to an arrears-only order up to the hearing date, plus per diem compensation of $30.01/day from February 26, 2025.

Tenant owed $3,974.59 in rent arrears as of February 28, 2025, with rent of $912.75/month due on the 1st of each month.
Tenant was late paying rent 20 out of 26 months between January 2023 and February 2025.
Tenant continually smoked cigarettes or marijuana in the rental unit, causing smoke to fill the common hallway and triggering allergic reactions in a neighbouring tenant's daughter.
Tenant did not attend the February 25, 2025 hearing and did not request an adjournment.
No last month's rent deposit was held. The Landlord filed for $186.00 in application costs.
Tenancy terminated non-remedially; Tenant ordered to vacate by April 4, 2025.