Williams & McDaniel Property Management v Lafontaine
Landlord wins · Sault Ste. Marie · 2024-05-21
- Adjudicator
- Trish Carson
- Dispute
- Substantial Interference
- Notice
- Non-payment of rent (N5)
- Amount
- <$5K
- Landlord
- Williams & McDaniel Property Management
- Tenant
- G.L.
- Landlord rep
- John Anderson
- Tenant rep
- Marcos Gomez
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
The ruling
The Landlord has proven the grounds for termination of the tenancy. The Tenant was in possession of the rental unit on the date the application was filed. The Tenant's smoking of marijuana inside the rental unit and near the building has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord and other tenants. The Tenant will be given a conditional order to continue the tenancy if the Tenant complies with the conditions of not smoking inside the rental unit and within 9 meters of the building. If the Tenant fails to comply, the Landlord may apply under section 78 for an order terminating the tenancy and evicting the Tenant. The Tenant shall also pay the Landlord $186 for the cost of filing the application.