Estifanos v Harrison

Landlord wins · Hamilton · 2024-03-08

Adjudicator

Mark Melchers

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

Y.E.

Tenant

L.H.

Landlord rep

Francisco Gomez

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment of the rental unit by another tenant in the building. The Landlord served a valid N5 notice alleging excessive noise from the Tenant's unit on 22 specific dates. The Tenant denied the allegations and claimed the complaints were fabricated.

The ruling

The Landlord proved the Tenant substantially interfered with another tenant's reasonable enjoyment, but relief from eviction is granted subject to conditions. The Tenant must not engage in or permit excessive noise for 12 months. If the Tenant fails to comply, the Landlord can apply to terminate the tenancy without notice.