Janzen v Carvalho

Landlord wins · St Catharines · 2023-11-24

Adjudicator

Peter Nicholson

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

J.J.

Tenant

M.C., A.K.

Landlord rep

J. Callender

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to the Tenant's smoking behavior substantially interfering with another tenant's reasonable enjoyment of the residential complex and the Landlord's lawful rights, privileges or interests. The Landlord served two N5 notices within the past 6 months for the Tenant's smoking too close to the building.

The ruling

Conditional relief is granted to allow the Tenant to remain in the rental unit, provided the Tenant complies with the order to not smoke inside the building or within 9 meters of the building. If the Tenant fails to comply, the Landlord may apply to terminate the tenancy and evict the Tenant. The Tenant is ordered to pay the Landlord $186 for the cost of filing the application.