M.C. v M.K.

Tenant wins · 2016-12-22

Dispute

Substantial Interference

Landlord

M.

Tenant

M.

Landlord rep

S.K.

Tenant rep

G.F.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference 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's application is dismissed. The Tenant's refusal to allow the use of chemical spray treatment is reasonable due to her medical condition and the Landlord's duty to accommodate her disability. The Landlord is willing to try other treatment methods first before using chemical spray.