Nunes v Baena

Tenant wins · Toronto · 2025-10-14

Adjudicator

Jane Dean

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

G.N.

Tenant

M.B.

Tenant rep

Ivan Loca

What happened

The Landlord applied to terminate the tenancy and evict the Tenant alleging substantial interference with the reasonable enjoyment of the residential complex. The Landlord claimed the Tenant blocked access to the laundry area by propping a chair behind a door in a common hallway on two occasions in March 2023. However, the Landlord admitted that the Tenant ceased this behavior within seven days of receiving the N5 notice.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. Although the Tenant had previously blocked laundry access using a chair, she corrected the behavior within the statutory seven-day period after receiving the N5 notice, thereby voiding the notice under the Residential Tenancies Act.