Zahid v Wagstaff

Split/Other wins · Niagara on the Lake · 2021-10-12

Adjudicator

Trish Carson

Dispute

Substantial Interference

Notice

Persistent late payment (N5), Persistent late payment (N5)

Amount

<$5K

Landlord

H.Z., Z.A.

Tenant

S.W., S.H.

Tenant rep

Tenant Duty Counsel

What happened

Landlords applied to terminate the tenancy and evict Tenants due to their behavior substantially interfering with the Landlord's or another Tenant's reasonable enjoyment of the residential complex. The Landlords served two N5 notices, alleging the Tenant Stevie Hilton broke glass and placed it under another tenant's vehicle, and put her fist through a shared laundry room door.

The ruling

The Landlord's application for eviction is denied, on the condition that the Tenants refrain from damaging the rental unit or any other tenant's property for one year. The Tenants must pay the $186 application fee by October 27, 2021, or start accruing interest.