Neglia v Vandyken

Landlord wins · Hamilton · 2021-11-09

Adjudicator

Dawn King

Dispute

Damage to Property, Substantial Interference

Notice

Notice of Termination (N5)

Amount

<$5K

Landlord

P.N.

Tenant

K.V.

Landlord rep

Jordan Nieuwhof

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has wilfully or negligently caused undue damage to the premises, and the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant.

The ruling

The tenancy is terminated as of July 9, 2021. The Tenant is ordered to pay the Landlord $2,129.45 for the reasonable costs of repairing the damage, and $186 for the application fee, for a total of $2,315.45 to be paid by November 20, 2021. If the Tenant does not pay the full amount by November 20, 2021, the Tenant will start to owe simple interest at 2% annually on the outstanding balance.