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Case Study

LTB Order on Eviction for Substantial Interference - Tracey Park Property Management Inc. v Crystal

Case LTB-L-074909-22

🕑 Case timeline

Application Date: Date not provided

Hearing Date: October 4, 2022

Order Issued: March 31, 2023

Termination Date: Date not provided

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-074909-22
Address: 21, 14 TRACEY PARK DR, BELLEVILLE ON K8P4R5
Form Used: N5 Notice
Served By: Deemed served
Amount Awarded: $186.00
Decision In Favor: Tenant
Application Type: Eviction for substantial interference with reasonable enjoyment
RTA Sections: Section 69, Subsection 64(3), Subsection 83(1)(b), Subsection 83(2), Section 78

👥 Parties involved

Landlord: Tracey Park Property Management Inc.
Landlord Rep: Luisa Goncalves
Tenant: Maracle Crystal
Tenant Rep: Self Represented
Adjudicator: Member, Landlord and Tenant Board
Keywords: eviction, substantial interference, reasonable enjoyment, N5 notice, relief from eviction

⚖️ Decision summary

Tenancy continues under conditions to refrain from storing garbage in the front yard for twelve months.
Tenant must pay $186.00 for the cost of filing the application.

⚠️ Dispute summary

Landlord alleges tenant's storage of garbage interfered with enjoyment of property.
Tenant failed to correct behavior within seven days as required to void the N5 Notice.

📑 Findings & determinations

Tenant still in possession of the unit.
Tenant did not void the N5 Notice.
Tenant took positive steps towards keeping the front yard clean.

💡 Summary points

Landlord applied for eviction based on substantial interference with reasonable enjoyment.
Tenant did not void the N5 Notice but took steps to clean the front yard.
Eviction relief granted under conditions of maintaining cleanliness.
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🧑‍⚖️ Same adjudicator

Member, Landlord and Tenant Board