LandlordEzy
Case Study

Eviction Order for Substantial Interference - Niagara Regional Housing v Gauley

LTB Order 2023 ONLTB 51671

🕑 Case timeline

Application Date: Date not provided

Hearing Date: July 13, 2023

Order Issued: July 24, 2023

Termination Date: August 4, 2023

Eviction Deadline: August 4, 2023

ℹ️ Case overview

Case Number: LTB-L-040120-22
Address: 8 BOWDEN ST, FORT ERIE ON L2A2P2
Form Used: N5
Served By: Landlord
Amount Awarded: $2,660.24
Decision In Favor: Landlord
Application Type: Eviction for substantial interference with reasonable enjoyment
RTA Sections: Section 64(1), Section 64(3), Section 68, Section 83(1), Section 83(2)

👥 Parties involved

Landlord: Niagara Regional Housing
Landlord Rep: Judith Callender
Tenant: Erin Gauley
Tenant Rep: Self Represented
Adjudicator: Percy Laryea
Keywords: eviction, substantial interference, reasonable enjoyment, cleanliness, N5 notice, compensation

⚖️ Decision summary

Tenant's eviction upheld due to ongoing cleanliness issues.
Compensation awarded to landlord for extended occupancy and filing costs.

⚠️ Dispute summary

Complaints about unclean patio with garbage and dog feces.
Landlord's repeated need to clean the patio.

📑 Findings & determinations

Tenant's actions voided first N5 but second N5 was non-voidable.
Tenant failed to maintain cleanliness, justifying eviction.

💡 Summary points

Tenant substantially interfered with other tenants' enjoyment by leaving debris and waste.
Landlord issued two N5 notices, the second being non-voidable.
Tenant ordered to pay compensation and vacate by specified date.
📄 View Official PDF

Share this case

Facebook Twitter LinkedIn Instagram

🏷️ Related by keywords

eviction substantial interference reasonable enjoyment cleanliness N5 notice compensation

Eviction Order for Non-payment of Rent

2803, 240 Wellesley St E, Toronto

Matched Keyword

LTB Order for Eviction and Payment of Rent Arrears

Case LTB-L-071895-22 Decision

Matched Keyword

Eviction Order for Non-Compliance with Termination Agreement

LTB Order Review: Montesano v Lolic

Matched Keyword

🧑‍⚖️ Same adjudicator

Percy Laryea

Eviction Order for Non-payment of Rent

Krafa Consultants & Management Inc. vs Joseph Dygas and Shannon Abitrante

Same Adjudicator

Eviction Order for Non-payment of Rent

LTB Case LTB-L-012540-22

Same Adjudicator

Eviction Order for Non-payment of Rent

Case LTB-L-012549-22

Same Adjudicator

📂 Related by application type

Eviction for substantial interference with reasonable enjoyment

Eviction Order for Tenant Abi Shaju by Williams and McDaniel Property Management

Substantial Interference with Reasonable Enjoyment Leads to Eviction

Same Application Type

LTB Order - Eviction for Substantial Interference

Case LTB-L-012436-22

Same Application Type

LTB Order - Eviction for Substantial Interference

Case LTB-L-054400-22

Same Application Type