Guestville Apartments Inc v Braveboy

Tenant wins · York · 2025-12-04

Adjudicator

Carrie Bertrand

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

Guestville Apartments Inc

Tenant

R.B., S.R.

Landlord rep

Stavros Lytis

Tenant rep

Kyle Warwick

What happened

The Landlord applied to terminate the tenancy based on an N5 notice, alleging that the Tenants' installation of a window air conditioner constituted substantial interference with the reasonable enjoyment or lawful rights of the Landlord. The Landlord claimed such units are dangerous and prohibited by city by-laws, while the Tenants argued the notice was defective as the conduct did not meet the legal threshold for substantial interference.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenants is dismissed. The Board ruled that the Tenants' window air conditioner did not constitute substantial interference, rendering the N5 notice defective.