Tenant Avoids Eviction in Septic System Interference Case: Crystal Lake Mobile Homes Court Limited v Brown 2022

Case Study

The Tenant did not have prior written approval from the Landlord to install the pea stones, as required by the lease agreement. The Tenant's evidence that she received verbal permission from the Landlord's maintenance manager was not sufficient to prove she had permission. The installation of the pea stones over the weeping bed interfered with the proper functioning of the septic system, which substantially interfered with other tenants' reasonable enjoyment and the Landlord's obligations under the Residential Tenancies Act. However, the Tribunal found it would not be unfair to grant relief from eviction subject to the Tenant removing the pea stones and replacing them with topsoil and sod by April 30, 2022.