Landlord Wins Substantial Interference Case: Keswani v Agarwal 2024
Mississauga landlord wins substantial interference case, tenant must provide proof of liability insurance or face eviction
Summarized by RentZenLast updated: November 3, 2024
Case Summary
4769 Bluefeather Lane, Mississauga, ON L5R0C8
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Apr 2024
Order Date
Apr 25, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Landlord served valid N5 Notice
- Tenant did not void notice by providing proof of insurance
- Dirty carpet, bathroom, and vents do not constitute substantial interference
- Tenant's failure to provide proof of insurance constitutes substantial interference
Arguments and Actions
Landlord
Arguments
Landlord argued that the Tenant is renting out the unit for short-term rentals without the Landlord's consent and that the Tenant's insurance does not cover the other occupants.
Actions
Landlord submitted photographs showing dirty carpet, bathroom, and vents in the rental unit.
Procedural Errors
Landlord sought to amend the N5 notice to add allegations that were not in the original notice, which is not permitted.
Tenant
Actions
Tenant failed to provide proof of liability insurance until after the voiding period for the N5 notice.
Decision Summary
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The ground for termination that was established does not warrant termination in the circumstances and so the tenancy will continue on condition that the Tenant complies with the terms of this order. The Tenant is ordered to provide proof of liability insurance by April 22, 2024 and pay the application fee of $186 by May 1, 2024. If the Tenant fails to comply, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Reason for Eviction Relief
The only ground of termination established by the Landlord is the failure to have insurance coverage. The parties agree that the Tenant obtained coverage that expired on March 31, 2024. The Tenant will be ordered to obtain current coverage. The Landlord is not prejudiced by the denial of eviction because the only valid issue raised by the Landlord is being adequately addressed by this conditional order.
Adjudicator Details
LTB Member
Total Orders
366
Landlord Favorable
77.9%
Tenant Favorable
13.7%
Mutual Agreement
8.5%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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