Jeaurond v Kluke

Tenant wins · Alexandria · 2022-01-25

Adjudicator

Robert Patchett

Dispute

Substantial interference

Notice

Substantial interference (N5)

Landlord

S.J., N.J.

Tenant

C.L., B.K.

Landlord rep

James Moak

Tenant rep

Marie Beaupre

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants, claiming substantial interference with reasonable enjoyment or lawful rights of Landlords or other tenants. The application was based on alleged excessive cannabis smoking by Tenants, which Landlords claimed caused other tenants to vacate and deterred prospective purchasers.

The ruling

The Landlords' application for termination of tenancy and eviction was dismissed. The Board found that the N5 notice of termination was vague and lacked specific details about the Tenants' conduct that allegedly disturbed the reasonable enjoyment of others. The notice failed to provide valid reasons for eviction, as consumption of marijuana is a lawful activity.