Luksa v Tripodi
Tenant wins · Newmarket · 2021-11-01
- Dispute
- Damage to Property
- Notice
- N5 Notice of Termination
- Landlord
- C.L.
- Tenant
- R.T.
- Landlord rep
- Simon Brown
- Tenant rep
- Vivianne Kone
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to undue damage to the rental unit. The Landlord suspected the Tenant cut the plug of the bathroom fan. The Tenant testified he unplugged the fan due to noise but did not cut the wires.
The ruling
The application is dismissed. The Landlord did not provide the proper N5 Notice under section 62(2)(c) of the Act, and the damage was found to be minor and unrelated to the Tenant's activities.