Montag v Griffith
Landlord wins · St Thomas · 2025-05-28
- Adjudicator
- James Campbell
- Dispute
- Substantial Interference
- Notice
- Substantial interference (N5)
- Amount
- <$5K
- Landlord
- L.M.
- Tenant
- B.G.
What happened
The Landlord filed an application to terminate the tenancy and evict the Tenant for substantial interference caused by the Tenant's persistently barking dog. The Landlord had issued a second N5 notice after the first one was voided by the Tenant. The Tenant failed to void the second notice as the problematic behavior continued within the 7-day period. The Tenant did not attend the hearing.
The ruling
The tenancy is terminated, and the Tenant must vacate by June 8, 2025. The Tenant is ordered to pay the Landlord $2,456.56 for daily compensation and the application fee, minus the rent deposit and interest. This decision was made because the Tenant's dog's barking constituted substantial interference, and the Tenant failed to rectify the issue after receiving proper notice. Relief from eviction was denied.