Prohibition Order - N5

CEL-59454-16 (Re), 2016 CanLII 88126 (ON LTB)

3. On May 24, 2016, the Landlord served the Tenant with a first N5 Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding (N5 Notice) in accordance with section 64(1) of the Residential Tenancies Act, 2006 (the ‘Act’). The N5 Notice has a termination date of June 30, 2016 and alleges that:

a) The Tenant was smoking in her rental unit; that the Tenant’s visitors were drinking and interfering with the enjoyment of the upper level tenants; that the neighbour built a smoke shack over the outside dryer vents and that the Tenant’s visitor was consuming alcohol in the driveway.

(...)

5. On June 14, 2016, the Landlord served the Tenant with a second N5 Notice in accordance with section 68(1)(b) of the Act. The termination date on the second N5 Notice is June 30, 2016 and alleges that:

a) The upstairs tenants complained about cigarette smoke coming from the lower unit; that the Tenant and her visitors were drinking alcohol in the driveway; and that the Tenant’s guest was seen entering the rental unit despite a restraining order from attending the premises.

(...)

9. The Tenant does not deny the allegations claimed in the first N5 Notice, but said that she only partially corrected the behaviour during the seven day voiding period because she continued to smoke inside the rental unit. The Landlord submitted a copy of a letter dated June 1, 2016 written by the Tenant with assistance from her CMHA worker. The letter says that the Tenant did not consistently smoke outside because she didn’t realize it could jeopardize her tenancy. The Landlord testified that she received complaints from the upper level tenants during the seven day voiding period, but did not have the specific dates noted.

10. As set out above, an N5 Notice served by a Landlord under section 64 of the Act can be voided if the Tenant corrects the identified problem within seven days. I find that the first N5 Notice was not voided by the Tenant because she continued to smoke inside her rental unit during the seven day voiding period. Therefore, the Landlord was authorized to serve the second N5 Notice.

It is ordered that:

1. The Tenant and/or guests permitted by the Tenant shall not smoke inside the rental unit or on the residential property of the Landlord.

2. The “smoke shack” dwelling shall not be permitted on the Landlord’s property.

3. The Tenant and/or guests permitted by the Tenant shall not interfere with the other tenants. Prohibited conduct includes drinking on the driveway portion owned by the Landlord.

4. If the Tenant fails to comply with any of the conditions set out in paragraphs 1, 2 and 3 above then the Landlord may apply under section 78 of the Act for an order terminating the tenancy and evicting the Tenant. The Landlord must make this application within 30 days of the breach of the condition set out in paragraphs 1, 2 and 3.

5. The Tenant shall also pay to the Landlord $170.00 for the cost of filing the application.

6. If the Tenant does not pay the Landlord the full amount owing on or before September 5, 2016, the Tenant will start to owe interest. This will be simple interest calculated from September 6, 2016 at 2.00% annually on the balance outstanding.