McCauley v Warwick

Landlord wins · Kingston · 2020-11-02

Adjudicator

Shelby Whittick

Dispute

Damage to Property, Non-payment of Rent

Notice

Termination for Wilful Damage (s.63(1)(a)), Termination for Non-payment of Rent (s.62), Termination for Substantial Interference (s.64), Termination for Impairment of Safety (s.66)

Amount

<$5K

Landlord

M.M., G.M.

Tenant

S.W.

What happened

Landlords applied to terminate the tenancy and evict the Tenant due to non-payment of rent and wilful damage to the rental unit. The Tenant forcefully removed the handrails in the unit, which was a safety concern and caused undue damage. The Landlords also sought compensation for the damage.

The ruling

The tenancy is terminated effective February 18, 2020. The Tenant must vacate the unit by November 13, 2020. The Tenant is ordered to pay the Landlords $250 for the cost of repairing the damage, $3,429.25 in rent arrears and compensation, and $190 for the application filing fee. If the Tenant does not pay the full amount by November 13, 2020, they will owe interest starting November 14, 2020.