Juhasz v. Hymas

Tenant wins · 2016-03-07

Adjudicator

J. Wilson J.

Dispute

Breach of Conditions, Tenant Rights

Landlord

J.I.H.

Tenant

J.J.

Landlord rep

Martin P. Zarnett

Tenant rep

Dania Majid

What happened

The landlord sought to evict the tenant for repeatedly denying access to the rental unit for the purpose of taking photographs for sale. The tenant appealed the Landlord and Tenant Board's eviction order to the Divisional Court.

The ruling

The Divisional Court allowed the tenant's appeal and set aside the Landlord and Tenant Board's eviction order. The court ruled that the Board erred in law by finding that the Residential Tenancies Act permitted the landlord to enter the unit to take photographs for marketing purposes without the tenant's consent or a specific lease provision.