CHOHAN v KIDANE

Tenant wins · North Bay · 2025-11-06

Adjudicator

Carrie Bertrand

Dispute

Damage to Property, Substantial Interference

Notice

Substantial interference or damage (N5)

Landlord

R.C.

Tenant

R.K.

Landlord rep

Dhiren Chohan

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant based on allegations of substantial interference with reasonable enjoyment and willful or negligent damage to the premises. The Landlord alleged the Tenant harassed other residents daily, broke kitchen tiles, and used a prohibited hot plate. The application was dismissed because the termination notice served by the Landlord lacked sufficient legal detail.

The ruling

The Landlord's application to evict the Tenant for substantial interference and property damage was dismissed. The Landlord's N5 notice was found to be legally insufficient under Section 43(2) of the Residential Tenancies Act because it failed to provide specific details, timelines, and cost estimations, thereby not allowing the Tenant to properly meet the case against them.