North 44 Properties v Smith

Landlord wins · Toronto · 2023-01-04

Adjudicator

Amber Neumann

Dispute

Substantial interference

Notice

N5 (Substantial interference)

Landlord

North 44 Properties

Tenant

J.S.

Landlord rep

Natasha Mizzi

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's smoking in the rental unit in violation of the building's non-smoking policy, which substantially interfered with the Landlord and other tenants' reasonable enjoyment.

The ruling

The Tenant shall abide by the building's no-smoking policy and not smoke in the rental unit or any common areas. If the Tenant fails to comply, the Landlord may apply to the Board under section 78 of the Act, within 30 days of the breach without notice to the Tenant for an order to terminate the tenancy and evict the Tenant.