Case Study

Eviction for interference with reasonable enjoyment (N5) · Barrie · CEL-01193-21

Ontario LTB order in Barrie · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: October 14, 2021

Order Issued: Not Available

Termination Date: Not Available

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: CEL-01193-21
Address: 80 Brighton Road, Barrie, ON L4M6S3
Form Used: N8
Amount Awarded: $186.00
Decision In Favor: Landlord
Application Type: Eviction for interference with reasonable enjoyment (N5)
RTA Sections: Section 69, Section 78, Section 83

👥 Parties involved

Landlord: Jason weck and Kristie weck
Landlord Rep: Self Represented
Tenant: Jody aldebert
Tenant Rep: Self Represented
Adjudicator: Vladimir Nikitin
Keywords: eviction, non-payment of rent, persistent late payment, interference with reasonable enjoyment, rent arrears

⚖️ Decision summary

This Landlord application — Eviction for interference with reasonable enjoyment (N5) — was granted.

📑 Findings & determinations

It is ordered that: 1. The Landlords’ application to terminate the tenancy for persistent late payments and for unpaid utilities is denied, subject to the following conditions: 2022 CanLII 61484 (ON LTB) File Number: CEL-01193-21 Order Page 4 of 4 a) On or before January 31, 2022, the Tenant shall ensure that any charges owing on the water account are paid and that the account is brought to good standing; and b) For a 12-month period starting February 1, 2022 and ending January 1, 2023 the Tenant shall pay her rent in full and on or before the 1 st of each corresponding month. 2. In the event that the Tenant fails to comply with any of the terms of paragraph 1 of this order, the Landlords shall be entitled to apply to the Board, no later than 30 days after a breach of this order, without notice to the Tenant, for an order terminating the tenancy and evicting the Tenant pursuant to Section 78 of the Act. 3. The Tenant shall also pay to the Landlords $186.00 for the cost of filing the application. 4. If the Tenant does not pay the Landlords the full amount owing on or before January 28, 2022, the Tenant will start to owe interest. This will be simple interest calculated from January 29, 2022 at 2.00% annually on the balance outstanding. January 17, 2022 Date Issued Vladimir Nikitin Member, Landlord and Tenant Board Central-RO 3 Robert Speck Pkwy, 5th Floor Mississauga ON L4Z2G5

💡 Summary points

applied for an order to terminate the tenancy and evict Jody Aldebert (the 'Tenant') because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlords or another tenant; and because the Tenant has been persistently late in paying the Tenant's rent. The Landlords also claimed compensation for each day the Tenant remained in the unit after the termination date but the issue of arrears of rent has already been addressed by Board Order CEL-99256-21. This application was heard by videoconference on October 14, 2021.
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🧑‍⚖️ Same adjudicator

Vladimir Nikitin