ML v EC

Tenant wins

Dispute

Damage to Property, Substantial Interference

Notice

Non-payment of rent (N5)

Amount

<$5K

Landlord

M., N.

Tenant

E.

What happened

Landlords applied for an order to terminate the tenancy and evict Tenant due to wilful or negligent damage to the premises and substantial interference with reasonable enjoyment. The main issue was pet urine dripping from vents onto the downstairs apartment, causing foul smells and unsanitary conditions.

The ruling

The application to terminate the tenancy was dismissed as the Tenant voided the N5 notice by stopping the offending activity within the seven-day correction period. The Tenant was ordered to pay $100 to the Landlords for the replacement cost of damaged blinds.