Garcia v Fournier

Tenant wins · Alfred · 2024-03-01

Adjudicator

Robert Patchett

Dispute

Illegal Act, Substantial interference

Notice

N7

Landlord

J.G.

Tenant

S.M.F.

Landlord rep

Lisa Duchene

Tenant rep

Alexis Fafard

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to the Tenant, another occupant of the rental unit or a person the Tenant permitted in the residential complex has seriously impaired the safety of any person and the act or omission occurred in the residential complex, and the Tenant, another occupant of the rental unit or someone the Tenant permitted in the building has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord in a building that has three or fewer residential units and the Landlord resides in the building.

The ruling

The Landlord's application is dismissed. The Board found that the Landlord's service of an N7 notice while an N5 notice was still valid was confusing to the Tenant and undermined the Tenant's statutory right to preserve the tenancy.