Colagiacomo v Yox

Landlord wins · Toronto · 2022-01-26

Adjudicator

Robert Patchett

Dispute

Breach of Conditions

Notice

Tenant rights (N5)

Landlord

P.C.

Tenant

T.Y., S.Y.

What happened

Landlord applied for termination and eviction due to Tenants' refusal to allow entry for a fire inspection after proper notice was given. The Tenants had voided a previous N5 notice but denied entry for a subsequent inspection, leading to a non-voidable N5 notice.

The ruling

The Landlord and Tenant Board ordered that the Tenants must not refuse or deny lawful entry of the Landlord when provided notice according to the Act for a period of 12 months from the date of the order. If the Tenants breach this condition, the Landlord may apply for termination and eviction within 30 days of the breach.