Emery v Jenson

Landlord wins · Hamilton · 2022-01-11

Adjudicator

Peter Nicholson

Dispute

Substantial interference

Notice

Persistent late payment (N5)

Landlord

D.E.

Tenant

P.J.

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant's behavior substantially interfering with other tenants' reasonable enjoyment of the residential complex. The Landlord served the Tenant with a second Form N5 notice based on two incidents: the Tenant leaving large appliances in common areas, and the Tenant freely distributing his passcode to the secure front door entrance to non-tenants, which resulted in safety concerns with needles being left in the common areas.

The ruling

The tenancy between the Landlord and the Tenant is terminated effective January 31, 2022. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction starting February 1, 2022.