Amiraco Properties Inc v Skrobacz

Tenant wins · Windsor · 2025-10-16

Adjudicator

Vicky Liu

Dispute

Damage to Property, Substantial Interference

Notice

Substantial interference (N5)

Landlord

Amiraco Properties Inc

Tenant

A.S.

Landlord rep

Charlotte Williams

Tenant rep

Tori Lee Jenkins

What happened

The Landlord applied to terminate the tenancy and evict the Tenant alleging substantial interference and property damage after the Tenant's dog was found unattended and unleashed in a common corridor, where it urinated and defecated. The Landlord sought a $150 cleaning fee. The Tenant argued that the incident was an isolated occurrence and the Landlord failed to substantiate the specific cleaning costs claimed.

The ruling

The Landlord's application for eviction and compensation is dismissed. The Board found the Tenant successfully voided the N5 notice by preventing a recurrence of the pet incident during the statutory voiding period. The Landlord failed to provide sufficient evidence to justify the $150 cleaning fee and could not prove that any failure to pay such a fee constituted a substantial interference with their rights.