Rumpel v Loohuizen

Landlord wins · 2017-06-19

Adjudicator

Paul J. Brett

Dispute

Damage to Property, Rent Arrears

Amount

$5-10K

Landlord

H.L., W.S.

Tenant

C.R.

What happened

The landlords filed a counterclaim against the former tenant for unpaid rent, utility charges, and damages to the rental unit. The tenant filed a motion to dismiss the landlords' counterclaim for lack of jurisdiction, arguing the matters should have been brought before the Landlord and Tenant Board.

The ruling

The court dismissed the tenant's motion to dismiss the landlords' counterclaim, finding that since the tenancy had ended, the landlords' claims for unpaid rent, utility charges, and damages fell outside the jurisdiction of the Landlord and Tenant Board and could be properly brought before the Small Claims Court.