Anna Vinberg, licensed paralegal with Carr Law Professional Corporation, brought a successful application to evict the landlords’ tenant from the basement rental unit for their parents to move in. The Tenant brought a counter application for substantial interference with reasonable enjoyment of the rental unit and failure to maintain the rental unit.
The rental unit was the basement of a detached home. The landlord and his wife lived on the upper floors. The Landlord’s wife had a baby. The landlord’s mother-in-law moved in with the landlord and his wife. The Landlord wanted to evict the basement tenants so that his parents and wife’s parents can move from China to Canada and live in the 2 bedroom basement rental unit to assist with raising the baby and the landlord and his wife can assist their parents as they age.
Member N. Kaufman held that Ms. Vinberg properly served the Form N12, Notice to Terminate Tenancy and complied with all of the technical requirements of the Residential Tenancies Act. Member Kaufman found that the landlord’s intention to occupy the basement rental unit was genuine and not in bad faith. The Tenants alleged that the landlord filed the application in bad faith, after the Tenants demanded repairs to the rental unit. Member Kaufman dismissed the Tenant’s allegations. The Landlord, in good faith, required possession of the rental unit for his parents and wife’s parents. Further, Member Kaufman accepted an Affidavit from one person intending to occupy the basement rental unit and not all four persons that intend to occupy the rental unit.
The Tenants brought a counter application for substantial interference with reasonable enjoyment of rental unit. Member Kaufman dismissed the Tenants’ allegations that running on the main floor and loud talking by families having dinner with the landlord’s family on two occasions substantially interfered with the Tenants’ reasonable enjoyment of the rental unit. Member Kaufman was not satisfied the noise level on two occasions was sufficient to amount to substantial interference. Member Kaufman also dismissed other allegations such as pressure to move out, being deprived of access to upper floors of house, failure to provide cable television and telephone service, failure to provide rent receipts, unjustified calls to police, alleged illegal entry by landlord’s wife, alleged threats to the Tenants’ cats. None of the Tenants’ complaints rose to the level of substantial interference or harassment.
The Tenants also brought a T6 application for failure to maintain and repair the rental unit. Member Kaufman awarded a small abatement of rent from the time that the landlord discovered each issue up until the time that the landlord fixed each of the following issues: window repairs, stove element repairs, leak in supply lines to washing machine and cold temperatures below 20 degrees Celsius.
Member Kaufman dismissed the Tenants’s allegations of failing to maintain the glass door, screen door, furnace, clothes dryer, ceiling leak, water leak in kitchen, electrical issue and light bulbs. No abatement of rent was awarded for these allegations.
For a complete copy of the Landlord and Tenant Board decision of Member Neil Kaufman, click here.