Case Study

Eviction — Interference with reasonable enjoyment · Kitchener · SWL-52748-21

Ontario LTB order in Kitchener · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: Not Available

Order Issued: Not Available

Termination Date: September 27, 2021

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: SWL-52748-21
Address: 33, 49 Cedarwoods Crescent Kitchener ON N2C2L1
Form Used: N5
Amount Awarded: $1,141.33
Decision In Favor: Landlord
Application Type: Eviction — Interference with reasonable enjoyment
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Oleksandr tsedryk
Landlord Rep: Self Represented
Tenant: Naomi gizella molnar and Justin joseph rotteveel and Lynette edith molnar
Tenant Rep: Self Represented
Adjudicator: E. Patrick Shea
Keywords: eviction, interference with reasonable enjoyment, rent deposit

⚖️ Decision summary

This Landlord application — Eviction — Interference with reasonable enjoyment — was granted.

📑 Findings & determinations

It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before September 27, 2021. 2. The Tenants shall pay to the Landlord $1,141.33, which represents compensation for the use of the unit from August 1, 2021 to September 16, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. 3. The Tenants shall also pay to the Landlord $68.88 per day for compensation for the use of the unit from September 17, 2021 to the date they move out of the unit. 4. The Tenants shall also pay to the Landlord $186.00 for the cost of filing the application. 5. If the Tenants do not pay the Landlord the full amount owing on or before September 27, 2021, they will start to owe interest. This will be simple interest calculated from September 28, 2021 at 2.00% annually on the balance outstanding. 6. If the unit is not vacated on or before September 27, 2021, then starting September 28, 2021, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 7. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after September 28, 2021. September 16, 2021 Date Issued E. Patrick Shea Member, Landlord and Tenant Board South West-RO 150 Dufferin Avenue, Suite 400, 4th Floor London ON N6A5N6

💡 Summary points

applied for an order to terminate the tenancy and evict Naomi Gizella Molnar, Justin Joseph Rotteveel and Lynette Edith Molnar (the 'Tenants') because the Tenants, another occupant of the rental unit or someone the Tenants permitted in the residential complex has or have substantially interfered with the reasonable enjoyment or lawful rights, privileges or interests of the Landlord or another tenant. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date. This application was heard by video conference on September 10, 2021.
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🧑‍⚖️ Same adjudicator

E. Patrick Shea

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Eviction — Interference with reasonable enjoyment