235 Rebecca Street Ltd. "235 RSL" v Zenebe

Split/Other wins · Hamilton · 2025-11-07

Adjudicator

Rachel Gibbons

Dispute

Damage to Property, Substantial Interference

Notice

Notice to Terminate a Tenancy Early (N5)

Amount

<$5K

Landlord

235 Rebecca Street Ltd. "235 RSL"

Tenant

A.Z., R.G.

Landlord rep

Lindsay Faria, Alysia Hyde

What happened

The Landlord applied to terminate the tenancy and evict the Tenants for allegedly causing damage by illegally dumping a couch at a contractor-only dumpster. The Landlord also sought reimbursement for junk removal costs. The adjudicator found that while the action constituted substantial interference, it did not constitute 'damage' to property. Consequently, the eviction request was denied due to a defective notice, but the Tenants were ordered to pay the junk removal costs and filing fee.

The ruling

The application for eviction is dismissed because the Landlord used the incorrect grounds for termination on the N5 notice. However, the Tenants are ordered to pay the Landlord $671.90 by November 18, 2025, covering the cost of junk removal for a couch they dumped and the LTB filing fee.