Lum v McCunn
Split/Other wins · Toronto · 2024-01-22
- Adjudicator
- Bryan Delorenzi
- Dispute
- Substantial Interference
- Landlord
- L.L.
- Tenant
- R.M.
What happened
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant's disruptive behavior that substantially interfered with the reasonable enjoyment of the rental unit by other tenants. This was based on a previous consent order that the Tenant breached.
The ruling
The previous order LTB-L-001049-21 is cancelled and replaced. The tenancy between the Landlord and the Tenant continues provided the Tenant meets the condition that neither the Tenant nor his guests will interfere with the reasonable enjoyment of the premises by the Landlord or the other tenants by indulging in disruptive behavior including dropping heavy items on the floor, hammering and allowing excessive noise to emanate from the rental unit at any time of day or night. If the Tenant breaches this condition, the Landlord can apply to the Board for an order terminating the tenancy and evicting the Tenant.