Rocha v Sweet

Tenant wins · Marlbank · 2021-11-17

Adjudicator

Peter Nicholson

Dispute

Damage to Property

Notice

N5 - Notice to Terminate a Tenancy Early for Damage or Substantial Interference

Amount

<$5K

Landlord

S.R., M.L., Labroc Properties

Tenant

A.S.

What happened

Landlords applied to terminate the tenancy and evict the Tenant due to allegations of the Tenant causing undue damage to the rental unit and residential complex, including dumping cat waste/litter in the backyard, painting the bathroom without consent, and causing water damage to the unit below.

The ruling

The Landlord's application was dismissed. The Landlord failed to prove, on a balance of probabilities, that the Tenant wilfully or negligently caused undue damage to the rental unit or residential complex.