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Case Study

Eviction Order for Interference and Non-Compliance

Homestead Land Holdings Limited v Steven Garbe

🕑 Case timeline

Application Date: Date not provided

Hearing Date: August 23, 2023

Order Issued: 2023-10-04

Termination Date: First N5 Notice: September 11, 2022; Second N5 Notice: September 16, 2022

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-052766-22, LTB-L-036643-23
Address: 107, 1148 AFTON DR, SARNIA ON N7S5B7
Form Used: N5 Notice
Served By: Not specified
Amount Awarded: Compensation for each day the Tenant remained in the unit after the termination date
Decision In Favor: Landlord
Application Type: Eviction for substantial interference with reasonable enjoyment and lawful rights
RTA Sections: Section 64, Section 68

👥 Parties involved

Landlord: Homestead Land Holdings Limited
Landlord Rep: T. Rose
Tenant: Steven Garbe
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: eviction, substantial interference, reasonable enjoyment, lawful rights, compensation, N5 Notice

⚖️ Decision summary

Eviction granted on grounds of substantial interference and failure to comply with lawful requests for pest control.

⚠️ Dispute summary

Landlord seeks eviction based on tenant's interference with others' enjoyment and failure to comply with pest control requirements.

📑 Findings & determinations

Tenant did not correct issues within seven days of first N5 Notice.
Tenant's accumulation of items and lack of unit preparation justified a second N5 Notice.

💡 Summary points

Tenant failed to cooperate with pest control treatments.
Tenant's actions interfered with landlord and other tenants' enjoyment.
Multiple N5 Notices served.
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