Capreit Limited Partnership v Kozun
Landlord wins · Toronto · 2021-07-06
- Adjudicator
- Kevin Lundy
- Dispute
- Substantial Interference
- Notice
- N5 Notice
- Amount
- <$5K
- Landlord
- Capreit Limited Partnership
- Tenant
- M.K.
- Landlord rep
- Geoff Paine
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The rental unit contained an excessive amount of canned goods and clutter, which represented a potential fire hazard and limited access in the event of an emergency.
The ruling
The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant removes the excess canned goods, boxes, bottles and other clutter from the rental unit within 11 days. If the Tenant fails to comply, the Landlord may apply for an order terminating the tenancy and evicting the Tenant within 30 days of the breach. The Tenant is also ordered to pay the Landlord $190 for the cost of filing the application.