Kittelberger v Havell
Landlord wins · St. Thomas · 2022-02-03
- Adjudicator
- Camille Tancioco
- Dispute
- Serious impairment of safety, Damages
- Notice
- Tenant rights (N7)
- Amount
- <$5K
- Landlord
- J.K.
- Tenant
- L.H.
- Landlord rep
- S. Pereira
- Tenant rep
- N. Evans
What happened
Landlord applied to terminate tenancy and evict Tenant due to wilful damage and serious impairment of safety. The Tenant requested a review of the initial order, which was granted. The case was reheard de novo, resulting in a determination that the Tenant seriously impaired safety through negligent flooding incidents but did not wilfully cause damage.
The ruling
The tenancy is terminated effective February 28, 2022, due to the Tenant's negligent actions causing serious safety impairment. The Tenant is ordered to pay $1,000 in damages to the Landlord. Eviction is postponed until February 28, 2022, to allow the Tenant time to organize the move.