CC and NC v CB

Landlord wins · 2016-02-24

Dispute

Substantial Interference

Notice

Tenant rights (T2), Maintenance (T6)

Amount

<$5K

Landlord

C., N.

Tenant

C.

Landlord rep

CC

What happened

Landlords 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 Landlords or another tenant. The Landlords claimed the Tenant and his guests created a strong odour of marijuana smoke that disturbed other tenants.

The ruling

The Landlords' application for eviction of the Tenant is denied on the condition that the Tenant, any occupant of the rental unit, and any person the Tenant permits in the residential complex shall refrain from creating an excessive odor of marijuana smoke or any other substance, or engaging in any conduct that substantially interferes with the Landlord's or another tenant's reasonable enjoyment of the residential complex, from the date of this order until February 23, 2017. If the Tenant fails to comply with this condition, the Landlords may apply for an order terminating the tenancy and evicting the Tenant within 30 days of a breach.