D & A Properties Limited v Pechaluk

Landlord wins · NORTH BAY · 2025-05-06

Adjudicator

Karen Gonçalves

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

D & A Properties Limited

Tenant

C.P.

Landlord rep

Alex Simonetta

What happened

The Landlord applied to evict the Tenant for substantial interference, citing extreme clutter creating a fire hazard and allowing unauthorized individuals into the building. A fire subsequently occurred in the unit. The Tenant acknowledged the clutter but cited personal health and financial issues. The Board found the clutter and resulting fire constituted substantial interference and ordered the tenancy terminated.

The ruling

The tenancy is terminated, and the Landlord is granted vacant possession by May 17, 2025. The Tenant is ordered to pay the Landlord $2,242.89 for compensation for use of the unit, a daily compensation of $19.17 from May 1, 2025, and the $186.00 application fee. The Tenant's rent deposit of $500.00 and interest of $125.97 will offset the total amount owed. Relief from eviction was denied due to the significant safety risk posed by the Tenant's actions.