Duahn v Garbos

Split/Other wins · St Thomas · 2024-06-04

Adjudicator

Christopher Lin

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

E.D., I.D.

Tenant

B.G., M.G.

Landlord rep

B. Dean

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlords or another Tenants. The Landlords claimed the Tenants stored tires, construction material, garbage and debris around the yard at the property, which violated a City of St. Thomas by-law.

The ruling

The Landlords proved the grounds for termination of the tenancy, but the Board found it would not be unfair to grant relief from eviction subject to conditions. The Tenants must remove any garbage, construction waste or materials from the yard and driveway by June 25, 2024 and not place any such items there for one year. If the Tenants fail to comply, the Landlords may apply for an eviction order. The Tenants must also pay the $186 application fee.