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Case Study

LTB Order for Eviction due to Substantial Interference

Case LTB-L-049415-22 - Minto Apartment vs. Surat abdile Khalif

🕑 Case timeline

Application Date: April 26, 2022

Hearing Date: September 5, 2023

Order Issued: November 1, 2023

Termination Date: November 12, 2023

Eviction Deadline: November 12, 2023

ℹ️ Case overview

Case Number: LTB-L-049415-22
Address: 1446 Fisher Ave, Ottawa ON K2C1X2
Form Used: N5
Served By: Landlord
Amount Awarded: $186.00
Decision In Favor: Landlord
Application Type: Eviction for substantial interference with reasonable enjoyment
RTA Sections: Section 69, Section 68, Section 106(10), Section 83(1), Section 83(2), Section 81

👥 Parties involved

Landlord: Minto Apartment Limited Partnership
Landlord Rep: A. Skelly, K. Simper
Tenant: Surat abdile Khalif
Tenant Rep: Self Represented
Adjudicator: Emily Robb
Keywords: eviction, pest control, reasonable enjoyment, N5 notice, non-payment

⚖️ Decision summary

Tenancy terminated effective November 12, 2023.
Tenant ordered to pay $186.00 for application costs.
Eviction enforceable by Sheriff starting November 13, 2023 if tenant fails to vacate.

⚠️ Dispute summary

Dispute over tenant's failure to prepare unit for pest control.
Landlord's repeated attempts to address pest issues were unsuccessful due to tenant's non-compliance.

📑 Findings & determinations

Tenant substantially interfered with reasonable enjoyment of the property.
Tenant's failure to prepare unit for pest control justified eviction.

💡 Summary points

Tenant failed to prepare unit for pest control, leading to substantial interference.
Landlord issued two N5 notices, with the final notice leading to eviction.
Tenant did not attend the hearing; decision made based on Landlord's submissions.
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🧑‍⚖️ Same adjudicator

Emily Robb