Habibi v Simpson

Landlord wins · Newmarket · 2021-05-17

Adjudicator

Nicola Mulima

Dispute

Damage to Property, Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

G.H., K.G.

Tenant

D.A.S.

What happened

Landlords applied for an order to terminate the tenancy and evict Tenant due to Tenant, another occupant, or someone Tenant permitted, wilfully or negligently causing undue damage to the rental unit, and for Tenant's persistent late payment of rent. The Landlords also claimed compensation for the damage and for each day the Tenant remained in the unit after the termination date, as well as administration charges related to NSF cheques.

The ruling

The Landlords' claim for damages exceeding $1,700 was dismissed as the Tenant was not given proper notice. The Tenant was ordered to pay $1,700 for the refrigerator/freezer and screen door repairs, and $186 for the application filing fee.