Motwani v Felhazi

Landlord wins · Brantford · 2025-07-14

Adjudicator

Dawn Carr

Dispute

Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4), Substantial interference (N5)

Amount

<$5K

Landlord

S.T.M., R.P.C.

Tenant

N.J.F., C.B., S.M., D.S.

Landlord rep

Jackie Struthers

What happened

The Landlords sought to terminate the tenancy based on non-payment of rent and substantial interference with reasonable enjoyment. Specifically, neighbors reported cigarette smoke emanating from the rental unit on numerous occasions. Although the Tenants made substantial payments toward the rent arrears after the application was filed, resulting in a financial credit in their favor, the LTB found that the smoking issue persisted after the notice was served, making the termination based on interference non-voidable.

The ruling

The tenancy is terminated effective July 25, 2025, due to substantial interference (smoking). The Tenants are ordered to vacate by this date. Although the Tenants are currently in a credit position of $4,321.11 (after applying the rent deposit and payments made), they are liable for daily compensation of $82.36 until they vacate. The Landlord is authorized to deduct this compensation from the amount owed to the Tenants.