Shellenberg v Hill

Split/Other wins · Welland · 2025-10-22

Adjudicator

Kyle McGraw

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

E.S.

Tenant

A.H.

What happened

The Landlord applied to terminate the tenancy and evict the Tenant based on allegations of substantial interference with the reasonable enjoyment of another tenant. The allegations included leaving common area doors unlocked or ajar, slamming doors, and making disparaging or derogatory remarks to another tenant and her sons. The Tenant argued that the Landlord was motivated by a desire to raise the rent and that she was the one being harassed. The adjudicator found that while some interference was proven, specifically regarding the common door and verbal conduct, eviction was not warranted given the Tenant's long-term residency and personal circumstances.

The ruling

The tenancy is allowed to continue provided the Tenant complies with specific conditions: the Tenant must keep the main common area door closed and locked and must refrain from making disparaging or derogatory remarks to the other tenant or her sons. The Tenant is ordered to pay $186.00 to the Landlord for the application filing fee. If the Tenant breaches the conditions, the Landlord may apply for an eviction order without further notice.