Ursu v Escalade Group Inc
Landlord wins · Cambridge · 2025-06-05
- Adjudicator
- Nancy Morris
- Dispute
- Substantial Interference
- Landlord
- Escalade Group Inc
- Tenant
- V.U., I.U.
- Landlord rep
- M. Rataux, V. Kondic
What happened
The Tenants filed an application claiming the Landlord substantially interfered with their reasonable enjoyment of the rental unit due to a neighbour smoking marijuana in a non-smoking building. The Tenants moved out after one month. The Landlord argued they took prompt and reasonable action by communicating with the offending neighbour as soon as they were notified. The Tenants decided to vacate before the Landlord could take further formal steps, such as issuing an N5 notice.
The ruling
The Tenants' application is dismissed. The Board found that the Landlord did not breach their obligations under the Residential Tenancies Act, 2006, as they took reasonable and prompt action to address the Tenants' complaints about a neighbour's smoking. The Tenants vacated the unit before the Landlord could escalate the matter with formal legal notices.