Kalunda v Browning

Landlord wins · Cornwall · 2024-01-08

Adjudicator

Richard Ferriss

Dispute

Damage to Property, Substantial Interference

Amount

<$5K

Landlord

J.R.K.

Tenant

P.B.

Landlord rep

James Moak

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant or someone the Tenant permitted substantially interfering with the Landlord's reasonable enjoyment or lawful right, privilege or interest, and willfully causing undue damage to the premises. The Tenant cut a hole in the ceiling and roof of the rental unit.

The ruling

The tenancy continues if the Tenant pays the Landlord $1,909 by February 29, 2024, representing the cost to repair the damage ($1,608) and the Landlord's application costs ($301). If the Tenant fails to pay, the Landlord may apply to terminate the tenancy and evict the Tenant.