JOLAN PROPERTIES INC. v MUSLEH

Split/Other wins · MISSISSAUGA · 2025-04-15

Adjudicator

Benjamin Seigel

Dispute

Substantial Interference

Notice

Interference with reasonable enjoyment (N5)

Amount

<$5K

Landlord

JOLAN PROPERTIES INC.

Tenant

S.M.

Landlord rep

Leo Corsetti, Josh Miller

What happened

The Landlord applied to evict the Tenant for substantial interference, specifically for repeatedly parking in other tenants' designated parking spots. The Landlord had issued a first N5 notice, which the Tenant voided, followed by a second, non-voidable N5 for subsequent infractions. The Tenant claimed to have permission from friends to use the spots, but the Landlord's evidence disproved this. Ultimately, the Board granted the Tenant relief from eviction under specific conditions.

The ruling

The tenancy is not terminated. The Tenant is granted relief from eviction on the condition that for two years, they do not park any vehicle anywhere on the property except in their designated spot or where they have written permission from the Landlord. If this condition is breached, the Landlord can apply for an ex-parte eviction order. The Tenant is also ordered to pay the Landlord's $186.00 application fee.