CDSSAB v Truchon

Landlord wins · Kapuskasing · 2021-09-23

Adjudicator

Nicola Mulima

Dispute

Substantial Interference

Notice

N5 Notice of Termination

Amount

<$5K

Landlord

C.

Tenant

R.T.

Landlord rep

J. Kennedy

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's behavior substantially interfering with the reasonable enjoyment or lawful rights, privileges or interests of the Landlord or another tenant. The Landlord served a voidable N5 Notice alleging the Tenant was smoking in the unit, and a second non-voidable N5 Notice for the same issue.

The ruling

The Tenant shall not smoke in the rental unit or permit smoke to emanate from the unit for the 12 months following the order. If the Tenant fails to comply, the Landlord may apply to the Board under section 78 of the Act to terminate the tenancy and evict the Tenant. The Tenant shall pay the Landlord $186 for the application filing fee.