Annex Property Group Ltd. v Mazaheri

Tenant wins · Toronto · 2025-04-07

Adjudicator

Elena Jacob

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

Annex Property Group Ltd.

Tenant

F.M.

Landlord rep

Stephania Joy, Berkan Altun

What happened

The Landlord applied to evict the Tenant for substantial interference, citing allegations of the Tenant repeatedly banging on walls, disturbing neighbors, and behaving aggressively towards staff. The Tenant contested the validity of the N5 notices due to an incomplete name and lack of specifics, and denied the allegations. The Tenant, a PhD student, argued he is rarely home and only knocked on walls in response to unreasonable noise from neighbors, providing video evidence to support his claims about building noises.

The ruling

The Landlord's application to terminate the tenancy for substantial interference is dismissed. The adjudicator determined that while the N5 notices served to the Tenant were valid, the Landlord failed to provide sufficient evidence on a balance of probabilities to prove the allegations of constant banging and noise. The Tenant's evidence and testimony were found to be more credible, leading to the dismissal of the application.