Gerus v Zariczniak

Tenant wins · Etobicoke · 2021-07-09

Adjudicator

Khalid Akram

Dispute

Serious Impairment of Safety

Notice

N7

Landlord

L.G., I.L.

Tenant

T.Z.

Landlord rep

Linda Flores

What happened

Landlords applied to terminate the tenancy and evict the Tenant due to an incident where the Tenant kicked in the neighbour's door, threatened and kicked the neighbouring tenant, which the Landlords claimed seriously impaired the safety of others in the residential complex.

The ruling

The Landlords' application was dismissed. The Adjudicator found that while the Tenant's actions were concerning, they did not rise to the level of serious impairment of safety as contemplated by the Act.