L.L. v S.A. and D.H.

Tenant wins · 2017-05-16

Dispute

Substantial Interference

Notice

N5

Amount

<$5K

Landlord

S., D.

Tenant

L.

Landlord rep

S.A.

What happened

Tenant applied for an order determining that Landlords or their superintendent substantially interfered with the reasonable enjoyment of the rental unit by the Tenant. The Tenant installed an air conditioner in her unit with the assistance of the superintendent, but the Landlords later demanded the Tenant pay $110 for the air conditioner. The Landlords served the Tenant with N5 notices claiming the Tenant's refusal to pay the charge substantially interfered with their lawful rights.

The ruling

The agreement between the parties in the lease is void because it is incomplete and misleading. The Landlords must reimburse the Tenant $110 for the air conditioner charge, and they are prohibited from requesting or demanding the Tenant pay any fee or charge in connection with the air conditioner.