Peitz v Coville

Tenant wins · Durham · 2021-03-22

Adjudicator

Dawn Sullivan

Dispute

Substantial Interference

Notice

N5 Notice of Termination

Amount

<$5K

Landlord

J.P.

Tenant

B.C., S.C.

What happened

Landlord applied to terminate the tenancy and evict the Tenants due to substantial interference with the Landlord's lawful rights, privileges, or interests. The Landlord alleged that the Tenants had taken possession of areas of the residential complex that were not part of the rental unit or tenancy agreement.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenants on the grounds that the Landlord requires possession of the rental unit for the purpose of residential occupation was dismissed, as the Landlord did not file the required affidavit. The Landlord's application to terminate the tenancy and evict the Tenants due to substantial interference was denied, subject to the condition that the Tenants remove their furnishings and personal possessions from the basement by March 31, 2021. The Tenants were ordered to pay the Landlord $186.00 for the cost of filing the application.