Rapp v Clare, Henderson

Tenant wins · Markham · 2021-08-16

Adjudicator

Laura Hartslief

Dispute

Damage to Property, Substantial Interference

Notice

Substantial Interference (N5), Wilful or Negligent Damage (N5)

Landlord

H.R.

Tenant

K.C., M.H.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant, and for wilfully or negligently causing undue damage to the rental unit or residential complex.

The ruling

The Landlord's application was dismissed because the notices of termination were found to be invalid. The first N5 notice failed to inform the Tenant of their 7-day correction period, and the second N5 notice was invalid since the first notice was invalid.