Kumaresan v Zaman

Tenant wins · Toronto · 2022-02-23

Adjudicator

Lynn Mitchell

Dispute

Illegal Act, Substantial interference

Notice

N7, N5

Landlord

I.K., N.K., B.K.

Tenant

A.Z., C.E.

Landlord rep

K. Pacheco

What happened

Landlords applied to terminate the tenancy and evict Tenants due to their use of the rental unit for Airbnb, which the Landlords claimed was inconsistent with residential use and caused significant damage. The Landlords also claimed the Tenants substantially interfered with the Landlords' reasonable enjoyment or lawful rights.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenants was dismissed. The N5 notice was found to be defective, and the Landlord failed to provide evidence of significant damage to the unit or building as required under the N7 notice.