Fernando v Diro

Landlord wins · Waterloo · 2020-08-04

Adjudicator

Laura Hartslief

Dispute

Substantial Interference

Amount

<$5K

Landlord

H.F., S.F.

Tenant

D.D.

Landlord rep

Tissa Boyagoda

What happened

Landlords 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 Landlords or other tenants by routinely smoking in the rental unit in violation of the written lease agreement.

The ruling

The tenancy is terminated, and the Tenant must vacate the rental unit by August 15, 2020. The Tenant must pay the Landlords $175 for the cost of filing the application. If the Tenant does not pay the full amount by August 15, 2020, they will start to owe interest at 3% annually on the outstanding balance. If the unit is not vacated by August 15, 2020, the Landlords may file the order with the Court Enforcement Office (Sheriff) for enforcement.