Dryburgh v McMahon

Landlord wins · Peterborough · 2025-05-07

Adjudicator

Karen Gonçalves

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

L.D., C.M.H.A.H.

Tenant

M.M.

Landlord rep

Cassia Piper

What happened

The Landlords applied to evict the Tenant for substantial interference with reasonable enjoyment and lawful rights. Two N5 notices were served. The first, on November 29, 2024, detailed issues like excessive garbage, clutter, noise, damage, uncleanliness, removing smoke alarms, and potential pest infestations. A second, non-voidable N5 was served on December 19, 2024, citing ongoing issues and a police raid at the unit on December 11, 2024. The Tenant did not attend the hearing.

The ruling

The tenancy is terminated due to substantial interference. The Tenant must vacate the rental unit by May 18, 2025. This decision is based on the Landlords' uncontested evidence of the Tenant creating safety hazards by piling items around the hot water tank, allowing garbage to accumulate, and repeatedly removing smoke detectors. The Tenant is also ordered to pay the Landlords' $201.00 application fee. Relief from eviction was denied due to the serious safety risks the Tenant's actions posed to others in the complex.