Ben daniel v Ruddy

Tenant wins · Barrie · 2025-07-04

Adjudicator

Joshua Labbe

Dispute

Damage to Property, Substantial Interference

Landlord

Y.B.D., T.B.D.

Tenant

A.W.E.R., S.A.D.R.

Tenant rep

James Ruddy

What happened

The Landlords applied to terminate the tenancy and for compensation for alleged damages to the rental unit's basement flooring. The Landlords claimed the Tenants' cat litter caused chemical stains and discoloration. The Tenants vacated the unit before the hearing, rendering the eviction application moot. The remaining claim for $2,658.90 in damages was contested by the Tenants, who provided photographic evidence of the floor's condition upon their departure.

The ruling

The Landlords' application for damages and eviction was dismissed. The eviction was moot as the Tenants had already moved out. The damage claim regarding basement floors was dismissed because the Landlords failed to provide sufficient evidence, such as a move-in inspection report, to counter the Tenants' move-out photographs which showed no damage.