CHANA v MADOJUTIMI

Tenant wins · Milton · 2025-02-21

Adjudicator

Kyle Anderson

Dispute

Damage to Property

Notice

Damage to Rental Unit (N5)

Landlord

T.S.C., S.K.C.

Tenant

O.M., F.M.

What happened

Landlord applied to terminate the tenancy and evict the Tenants due to alleged damage to the rental unit, including blinds, light fixtures, kitchen countertop, living room walls, and toilet. The Landlord also sought compensation for the cost of repairs.

The ruling

The Landlord's application is dismissed as the Landlord did not provide sufficient evidence to establish that the damage to the kitchen counter was due to the Tenant's actions rather than normal wear and tear. The Landlord also failed to demonstrate that the Tenant failed to void the N5 notice within the prescribed time.