CMHA v T

Landlord wins · 2020-01-27

Adjudicator

Nicola Mulima

Dispute

Substantial Interference

Notice

N5 Notice of Termination

Amount

<$5K

Landlord

C.

Tenant

J.T.

Landlord rep

Q. X

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant's smoking substantially interfering with the reasonable enjoyment of the residential complex by the Landlord and other tenants.

The ruling

The Tenant shall not permit smoke to emanate from his rental unit that rises to the level of substantially interference with the reasonable enjoyment of the residential complex by the Landlord or other tenants or interferes with the lawful rights, privilege or interests of the Landlord. If the Tenant fails to comply, the Landlord may apply to the Board under section 78 of the Act, within 30 days of the breach without notice to the Tenant, for an order to terminate the tenancy and evict the Tenant. The Tenant shall pay the Landlord $190.00 for the cost of filing the application.