Purple Fountains Ltd. v Nault

Tenant wins · Sudbury · 2025-07-22

Adjudicator

Nicole Pedron

Dispute

Damage to Property, Substantial Interference

Notice

Notice of termination (N5)

Landlord

Purple Fountains Ltd.

Tenant

G.N.

Landlord rep

Ray St. Denis, John Andersen

Tenant rep

Lea Britt

What happened

The Landlord applied to terminate the tenancy and evict the Tenant, claiming that the Tenant's smoking caused significant nicotine residue damage to the walls, cupboards, and ceilings, and that the Tenant failed to maintain an ordinary state of cleanliness. The Landlord also sought compensation for repair costs. The Tenant, who has lived in the unit since 2002, argued that he cleaned regularly and that the unit had not been painted by the Landlord in over 20 years. The Board had to determine if the residue constituted 'undue damage' or 'reasonable wear and tear' given that smoking was not prohibited in the lease.

The ruling

The Landlord's application to terminate the tenancy and for compensation for damages was dismissed. The Board found that the Landlord failed to establish that the Tenant caused undue damage. The nicotine residue present was deemed reasonable wear and tear given the length of the tenancy (since 2002), the lack of a smoking ban in the lease, and the Landlord's failure to paint the unit for at least a decade.