Evictly

Acso P. M. Inc v Macleod

Landlord wins · Kitchener · 2021-03-01

Adjudicator
Peter Pavlovic
Dispute
Substantial interference
Notice
Substantial interference (N5)
Amount
<$5K
Landlord
Acso P. M. Inc
Tenant
S.M.
Landlord rep
Terri Van Huisstede

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord served two N5 notices alleging issues with the cleanliness and condition of the rental unit.

The ruling

The Landlord's application is denied on the condition that the Tenant takes steps to seek out services to assist with personal and home care, declutters the unit to a level 3 or less on the Clutter Image Rating Scale by March 31, 2022, and maintains the unit at that level until March 31, 2023. If the Tenant fails to comply, the Landlord may apply for an order terminating the tenancy and evicting the Tenant. The Tenant is also ordered to pay the Landlord $190 for the cost of filing the application.