Evictly

Sutherland-Cote v Nicholas

Tenant wins · Thunder Bay · 2024-02-26

Adjudicator
Khalid Akram
Dispute
Harassment, Maintenance, Substantial Interference
Amount
$5-10K
Landlord
C.N.
Tenant
R.S., C.M., D.S.

What happened

The Tenants applied for an order determining that the Landlord failed to meet the Landlord's maintenance obligations, substantially interfered with the reasonable enjoyment of the rental unit or residential complex, and harassed, obstructed, coerced, threatened or interfered with the Tenants. The Landlord applied for an order to terminate the tenancy and evict the Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation by the Landlord's father.

The ruling

The Landlord's application to terminate the tenancy for the Landlord's own use is dismissed. The Landlord failed to meet the Landlord's maintenance obligations under the Act and failed to comply with housing and maintenance standards, which substantially interfered with the Tenants' reasonable enjoyment of the rental unit or residential complex. The Landlord is ordered to pay the Tenants $7,241.00 and to remediate the mould and moisture issues in the residential complex.