Galloro v Hodges
Tenant wins · Toronto · 2025-07-09
- Adjudicator
- Colin Elsby
- Dispute
- Non-payment of Rent, Substantial Interference
- Notice
- Non-payment of rent (N4), Substantial interference (N5)
- Amount
- <$5K
- Landlord
- F.G.
- Tenant
- D.H., M.C.
- Landlord rep
- Vito Furlano
What happened
The Landlord applied to terminate the tenancy based on non-payment of rent (L1) and substantial interference with reasonable enjoyment (L2). By the time of the hearing, the Tenants had paid all rent arrears, leaving only the application filing fee outstanding. Regarding the substantial interference claim, the Landlord failed to provide specific or corroborative evidence that the Tenants failed to void the N5 notice within the seven-day statutory period. Consequently, the eviction request was denied.
The ruling
The L1 application for non-payment is resolved with the Tenants ordered to pay the $201.00 filing fee, as the rent arrears were paid in full after filing. The L2 application for eviction due to substantial interference is dismissed because the Landlord failed to prove the conduct continued during the statutory seven-day voiding period. The tenancy continues.