Rosales and Hernandez v Varley

Landlord wins · North Bay · 2021-12-20

Adjudicator

Dawn

Dispute

Substantial Interference

Notice

Non-payment of rent (N4)

Landlord

O.R., M.H.

Tenant

A.V.

Landlord rep

Mariusz Prybylowski

What happened

Landlords applied to terminate the tenancy and evict the Tenant due to the Tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another Tenant by smoking in the residential complex.

The ruling

The Landlord's application was dismissed because the second N5 Notice served on the Tenant lacked sufficient details regarding the Tenant's specific behaviour to meet the requirements of the Residential Tenancies Act and the Ball v. Metro Capital Property case.