Sud v Dundas

Landlord wins · Hamilton · 2022-03-08

Adjudicator

Sandra Macchione

Dispute

Damage to Property, Interference with Reasonable Enjoyment

Amount

<$5K

Landlord

S.S., R.A.

Tenant

D.D.

What happened

Landlords applied for an order to terminate the tenancy and evict Tenant due to willful or negligent damage to the premises and substantial interference with the reasonable enjoyment or lawful right of the Landlords or another tenant. The Landlords also sought compensation for the damage.

The ruling

The Landlords' application for eviction was deemed moot as the Tenant had already vacated the rental unit. The Tenant was found to have willfully damaged the exterior railing, but the Landlords' claim for $2,500 in repair costs was unsubstantiated. The Tenant was ordered to pay $186.00 to the Landlords for the cost of filing the application.