Last updated: July 26, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Rosales and Hernandez v Varley, 2021 CanLII 148797 (ON LTB)
File Number: NOL-42081-21
Application Date
Jan 2021
Hearing Date
Oct 2021
Order Date
Dec 20, 2021
The Landlord's application was dismissed because the second N5 Notice served on the Tenant lacked sufficient details regarding the Tenant's specific behaviour to meet the requirements of the Residential Tenancies Act and the Ball v. Metro Capital Property case.
Landlords applied to terminate the tenancy and evict the Tenant due to the Tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another Tenant by smoking in the residential complex.
Two tenants moved out of the building due to the Tenant's rude and negligent behaviour. Other tenants complained almost daily about the smoke entering their apartments because the Tenant smoked inside with a fan to blow the smoke into the hallway. A young mother with a 4-year-old child complained that her son was having breathing problems at night due to the smell of cigarette smoke from the Tenant's smoking.
The second N5 Notice served on the Tenant lacked sufficient details regarding the Tenant's specific behaviour to meet the requirements of the Residential Tenancies Act and the Ball v. Metro Capital Property case.
The Tenant smoked in the building, resulting in complaints from other tenants about the smell of cigarette smoke and potential health risks.
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