Stempien v Molek

Tenant wins · Etobicoke · 2021-12-22

Adjudicator

Peter Nicholson

Dispute

Safety, Substantial Interference

Notice

Persistent late payment (N5), Persistent late payment (N5)

Landlord

A.S.

Tenant

E.M., F.P.

Landlord rep

L. Tahir

What happened

Landlord applied to terminate the tenancy and evict the Tenants due to their behavior substantially interfering with another tenant's or the Landlord's reasonable enjoyment of the residential complex and/or their lawful rights, privileges or interests, as well as seriously impairing the safety of any person.

The ruling

The Landlord's application was dismissed. The Landlord failed to provide sufficient details in the N5 notice and did not prove the Tenants' alleged actions substantially interfered with another tenant's or the Landlord's reasonable enjoyment or seriously impaired safety.