Landlord Wins Substantial Interference Case: North 44 Properties v Smith
LTB Ruling: Landlord Wins Substantial Interference Case in Toronto
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 1 Homewood Avenue, Toronto, ON M4Y 2J8
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jun 2022
Order Date
Jan 4, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's smoking in the rental unit in violation of the building's non-smoking policy, which substantially interfered with the Landlord and other tenants' reasonable enjoyment.
Determinations
- Landlord did not establish Tenant's guest's failure to wear a mask constituted substantial interference to a degree justifying eviction
- Landlord has proven Tenant smoked in the unit, which substantially interfered with the Landlord's and other tenants' reasonable enjoyment
- Tenant was in possession of the rental unit on the date the application was filed
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. However, the Member finds it would not be unfair to grant relief from eviction subject to the condition(s) set out in the order.
Arguments and Actions
Tenant
Actions
Tenant has smoked in the unit, which has substantially interfered with the Landlord's and other tenants' reasonable enjoyment.
Decision Summary
The Tenant shall abide by the building's no-smoking policy and not smoke in the rental unit or any common areas. If the Tenant fails to comply, the Landlord may apply to the Board under section 78 of the Act, within 30 days of the breach without notice to the Tenant for an order to terminate the tenancy and evict the Tenant.
Adjudicator Details
LTB Member
Total Orders
18
Landlord Favorable
94.4%
Tenant Favorable
5.6%
Mutual Agreement
0.0%
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Financial Details
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