Evictly

Fitingof v Christie

Landlord wins · Aurora · 2022-02-14

Adjudicator
Sandra Macchione
Dispute
Substantial interference
Notice
N7 Notice of Termination
Landlord
E.F.
Tenant
J.C.
Landlord rep
Alla Gelman-Fitingof, Lucase Fitingof

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord in a residential complex that has three or fewer residential units.

The ruling

A conditional order will allow the Tenant a chance to preserve the tenancy which was not available to him given he was served an N7 Notice that was non-voidable. It will also deter the Tenant, or his guest from smoking in the rental unit knowing his tenancy may be at risk.