McMahon v Smith

Landlord wins · Toronto · 2021-12-22

Adjudicator

Marie-France Pelletier

Dispute

Damage to Property, Substantial Interference

Notice

N7 Notice of Termination

Landlord

T.M., L.A.

Tenant

K.A.B.P.S.

Landlord rep

Jennifer Mondejar

What happened

Landlords applied to terminate the tenancy and evict the Tenant due to the Tenant's behavior that seriously impaired the safety of another person, willfully or negligently caused undue damage to the premises, and substantially interfered with the Landlord's reasonable enjoyment of the residential complex.

The ruling

The Landlords' L2 Application is dismissed because the Tenant had already moved out of the rental unit prior to the application being filed, and the requirements of section 89 (1.1) (a) of the Residential Tenancies Act, 2006 were not met.