Coffin v Yu

Landlord wins · Kitchener · 2025-05-07

Adjudicator

Kyle Anderson

Dispute

Maintenance, Tenant Rights

Landlord

J.Y.

Tenant

K.A.C.

What happened

Tenant moved into the rental unit, but a fire occurred on the same day caused by movers. Landlord later instructed Tenant to vacate the unit due to smoke damage and safety concerns so repairs could be made. Tenant complied, later signed a termination agreement, and then filed an application claiming the displacement was a substantial interference with their reasonable enjoyment of the unit.

The ruling

The Tenant's application was dismissed. The Board found that the Landlord's requirement for the Tenant to vacate after a fire for remediation purposes was a legitimate safety measure and did not constitute substantial interference. The Tenant's claim for the return of the last month's rent deposit was not granted because it must be filed through a separate T1 application.