Laaylar LTD v Amott

Tenant wins · Ottawa · 2025-07-09

Adjudicator

Joshua Labbe

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

Laaylar LTD

Tenant

J.A.

Landlord rep

Rizak Abdullahi, Grace George

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant, alleging that the Tenant or someone he permitted in the complex substantially interfered with the Landlord's or other tenants' reasonable enjoyment or lawful rights. Specifically, the Landlord claimed the Tenant was smoking within the rental unit despite a no-smoking policy and prior warnings. The Landlord sought termination and daily compensation for the Tenant's continued stay.

The ruling

The Landlord's application to terminate the tenancy was dismissed. The adjudicator determined that the Landlord did not provide sufficient evidence to prove that the Tenant continued smoking in the unit after receiving an N5 notice. Because the Tenant's testimony stated he complied with the notice by stopping the behavior within the statutory seven-day period, the notice became void under the Residential Tenancies Act.