CMHA v AB

Landlord wins · 2018-04-10

Dispute

Illegal Act, Substantial Interference

Notice

N5, N6, N7

Amount

<$5K

Landlord

C., C.

Tenant

A.

Landlord rep

F.N., K.A.

What happened

The landlord applied to terminate the tenancy and evict the tenant due to the tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the landlord or another tenant, and because the tenant or another occupant of the rental unit has committed an illegal act or has carried out, or permitted someone to carry out an illegal trade, business or occupation in the rental unit or the residential complex, and because the tenant, another occupant of the rental unit or a person the tenant permitted in the residential complex has seriously impaired the safety of any person.

The ruling

The Tenant is ordered to not interfere with the fire alarm detection system inside or outside of the rental unit and to not cause any substantial interference to the Landlord or other tenants in the building's reasonable enjoyment of the building by not doing such things as placing garbage and bicycles in the hallway and running extension cords out into the hallway. Failure to comply with this order will allow the Landlord to apply to the Board for an order terminating the tenancy and evicting the Tenant. The Landlord is ordered to perform monthly inspections on the unit for the next year to ensure that the monitor has not been removed. The Tenant is ordered to pay the Landlord $702.00, which represents the reasonable costs of fire service company work after the removal of the detector and damage to an internal door, as well as $175.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by June 10, 2018, the Tenant will start to owe simple interest calculated from June 11, 2018 at 3.00% annually on the balance outstanding.