Fung v Lin

Landlord wins · Toronto · 2024-04-11

Adjudicator

Fabio Quattrociocchi

Dispute

Illegal Act, Inconsistent Use Of Rental Unit, Substantial Interference

Notice

Substantial interference (N5), Illegal Act (N6), Inconsistent use of rental unit (N7)

Amount

<$5K

Landlord

N.F.

Tenant

J.L.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's conduct of renting the unit for short-term stays without the Landlord's consent, which substantially interfered with the Landlord's rights and was an illegal act.

The ruling

Landlord proved grounds for termination under N5 and N6 notices, but eviction not warranted. Conditional order granted - Tenant must refrain from short-term renting, and pay Landlord's application fee of $186. If Tenant breaches conditions, Landlord can apply for eviction without notice.