Top Of The Valley Apartments v Kershtein
Landlord wins · North York · 2023-06-02
- Adjudicator
- John Cashmore
- Dispute
- Substantial Interference
- Notice
- Substantial interference (N5)
- Amount
- <$5K
- Landlord
- Top Of The Valley Apartments
- Tenant
- I.K.
- Landlord rep
- Estelle Epstein, David Ciobotaru
- Tenant rep
- Ilya Kershtein
What happened
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord alleged issues with the Tenant's housekeeping and lack of preparation for pest control treatment, which contributed to a prolonged cockroach infestation affecting other units in the building.
The ruling
The tenancy will continue if the Tenant meets the conditions set out in the order, which include maintaining the rental unit in a clean and tidy state, following the Landlord's instructions for pest control preparation, and allowing the Landlord to conduct inspections with 24 hours' notice. If the Tenant fails to comply with these conditions, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.