Evictly

Quickdart Investments Limited v Daniels

Split/Other wins · Peterborough · 2023-09-12

Adjudicator
Bryan Delorenzi
Dispute
Substantial Interference
Notice
N5
Amount
<$5K
Landlord
Quickdart Investments Limited
Tenant
B.D., M.D., K.S.
Landlord rep
David Ciobataru
Tenant rep
Prabjoht Singh

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The application was based on allegations of vandalism by one of the Tenants' occupants and the Tenants' continued smoking in the rental unit contrary to the terms of the tenancy agreement.

The ruling

The tenancy between the Landlord and the Tenants continues if the Tenants meet the following conditions: 1) Beginning January 1, 2024, the Tenants shall refrain from smoking in the rental unit for a period of twelve consecutive months; 2) The Tenants, or anyone they permit to enter the residential complex, shall refrain from committing a serious illegal act for a period of twelve months from the date of this order; and 3) The Tenants, or anyone they permit to enter the residential complex, shall refrain from wilfully causing damage to the residential complex, or the property of another tenant, for the period of twelve months from the date of this order. If the Tenants fail to comply with these conditions, the Landlord may apply for an order terminating the tenancy and evicting the Tenants. The Tenants shall pay the Landlord $186.00 for the cost of filing the application.