S.D, T.V and E.D v S.K and S.K

Tenant wins · Toronto · 2019-01-02

Dispute

Personal Use

Notice

Personal use (N12), Persistent late payment (N5)

Amount

<$5K

Landlord

S., T., E.

Tenant

S., S.

Landlord rep

D.R

What happened

Landlords applied to terminate the tenancy and evict Tenants so that one of the Landlord's child, SV, can move into the rental unit. There was an ongoing dispute between the parties regarding the Tenants' smoking of marijuana on the condominium's common terrace.

The ruling

The application is dismissed. It would be unfair to grant the eviction considering the Tenants' medical conditions and the availability of other reasonable options for the Landlords. The Landlords are also in serious breach of their responsibilities under the Residential Tenancies Act by failing to accommodate the Tenant's disability-related need to smoke marijuana.