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Case Study

Eviction Order for Substantial Interference - Burley Investments LTD. v David Herring and Robert Staulbaun

LTB Order Overview and Decision Summary

🕑 Case timeline

Application Date: Date not provided

Hearing Date: May 1, 2023

Order Issued: May 11, 2023

Termination Date: May 31, 2023

Eviction Deadline: May 31, 2023

ℹ️ Case overview

Case Number: LTB-L-027688-22
Address: Lower, 188 Park St N, Peterborough Ontario K9J3P6
Form Used: N5
Served By: Not specified
Amount Awarded: $186.00 for the cost of filing the application
Decision In Favor: Landlord
Application Type: Eviction for substantial interference with reasonable enjoyment
RTA Sections: Section 64, Section 83(1)(b), Section 83(2)

👥 Parties involved

Landlord: Burley Investments LTD.
Landlord Rep: Kevin Anderson
Tenant: David Herring and Robert Staulbaun
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: eviction, substantial interference, reasonable enjoyment, N5 notice, termination

⚖️ Decision summary

Tenancy terminated effective May 31, 2023.
Landlord may enforce eviction starting June 1, 2023 if tenants do not vacate.

⚠️ Dispute summary

Landlord alleges tenants interfered with enjoyment by not maintaining yard.
Tenants did not attend the hearing or request an adjournment.

📑 Findings & determinations

Amended N5 and L2 application accepted.
Landlord proved grounds for termination.
Tenants did not void the N5 notice within the 7-day voiding period.

💡 Summary points

Tenants substantially interfered with landlord's and other tenants' enjoyment.
Eviction ordered with termination effective May 31, 2023.
Landlord awarded costs for filing the application.
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