Anna Vinberg, licensed paralegal with Carr Law Professional Corporation, successfully defends another Landlord. The Tenants brought an application alleging the Landlords harassed, obstructed, coerced, threatened or interfered with the Tenants and substantially interfered with the reasonable enjoyment of the rental unit by the Tenants.
The rental agreement prohibited smoking of cigarettes and/or marijuana at the rental unit. The Landlords complained to the Tenants about their consumption of cigarettes and marijuana at the rental unit. One of the Tenants testified that they felt compelled to terminate the tenancy as a result of the Landlords’ complaints. The Tenants allege the Landlord terminated the tenancy agreement, but there was no evidence that the Landlords served a notice of termination. The Landlords admitted that they wanted to evict the Tenants, if the Tenants refused to comply with the ban on smoking.
Member Harry Cho dismissed the Tenant’s application finding that the Tenants did not prove, on a balance of probabilities, that the Landlords coerced the Tenants to terminate their fixed-term tenancy with the Landlords. The Tenants also did not prove, on a balance of probabilities that the Landlords harassed, threatened or interfered with the Tenants, or substantially interfered with the Tenants' reasonable enjoyment of the rental unit or residential complex.
For a complete copy of Member Harry Cho’s decision, click here.