ROPI v JN and JB

Tenant wins · 2016-11-01

Dispute

Damage to Property

Notice

N5 Notice of Termination

Landlord

R.

Tenant

J., J.

Landlord rep

G.B.

Tenant rep

R.M.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to undue damage to the rental unit. The application was filed after a leak occurred in the residential complex on August 1, 2016, causing damage to the basement unit. The Landlord claimed the Tenants were responsible for the damage because they did not properly reconnect the condensation line to the water pump after replacing the HVAC filter.

The ruling

The application is dismissed. The Landlord failed to prove the Tenants wilfully or negligently caused the damage to the basement unit.