60 Montclair Ltd v Kizemchuk
Landlord wins · Toronto · 2023-01-05
- Adjudicator
- Natalie James
- Dispute
- Substantial Interference
- Notice
- Substantial interference (N5)
- Amount
- <$5K
- Landlord
- 60 Montclair Ltd, H.K.
- Tenant
- B.K., K.K.
What happened
The landlord applied for an order to terminate the tenancy and evict the tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the landlord or another tenant. The landlord served the tenants with a first (voidable) N5 notice on October 7, 2021 due to the excessive clutter and debris in the rental unit that posed a fire hazard. The tenants did not remedy the situation within the required 7 days, and the landlord filed this application.
The ruling
The Board ordered the tenants to de-clutter the rental unit and place it in a reasonable state of cleanliness within 30 days. If the tenants fail to comply, the landlord may apply for an order terminating the tenancy and evicting the tenants. The tenants were also ordered to pay the landlord's application filing fee of $201.