Nalmala v Pentz
Tenant wins · Lakeshore · 2024-11-19
- Adjudicator
- Alicia Johnson
- Dispute
- Substantial Interference
- Notice
- N5
- Landlord
- M.N.
- Tenant
- S.P., T.T.
- Landlord rep
- John Kulikowski
- Tenant rep
- Justin B. Timms-Fryer
What happened
The landlord applied for an order to terminate the tenancy and evict the tenants because the tenants were allegedly renting out rooms on Facebook marketplace without the landlord's permission, which the landlord claimed constituted substantial interference with the landlord's lawful rights. The tenants argued that renting out rooms does not constitute substantial interference under the Residential Tenancies Act.
The ruling
The landlord's application is dismissed. The Board found that the notice of termination for substantial interference was invalid, as renting out rooms does not constitute substantial interference under the Residential Tenancies Act.