Devonshire Properties Inc v Azizi

Split/Other wins · North York · 2025-09-03

Adjudicator

Panagiotis P. Roupas

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

Devonshire Properties Inc

Tenant

H.A., S.A.

Landlord rep

Dal Dharizal, Sarah Teal, Tanya Dickie

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants due to substantial interference with the reasonable enjoyment of the complex. The Landlord alleged that the Tenants, their occupants, or guests created excessive noise including banging, screaming, and stomping. The Tenants did not attend the hearing, and while the interference was proven, the Member considered relief from eviction due to the presence of children in the unit.

The ruling

The tenancy continues on the condition that the Tenants refrain from excessive noise (including yelling, banging, and moving heavy furniture) between 8 p.m. and 8 a.m. The Tenants must pay $186.00 to the Landlord by September 30, 2025. If the Tenants breach the noise condition, the Landlord may apply for an eviction order under section 78 without further notice to the Tenants.