Chin v McLellan

Landlord wins · Kitchener · 2024-11-22

Adjudicator

Alicia Johnson

Dispute

Damage to Property, Substantial Interference

Notice

N5

Amount

$5-10K

Landlord

P.C., J.C.

Tenant

T.B.M., M.A.V.A.

Landlord rep

Jordan E. Nieuwhof

What happened

Landlord applied to terminate the tenancy and evict the tenants due to substantial interference with the landlord's reasonable enjoyment or lawful right, privilege or interest, and wilful or negligent damage to the rental unit. The landlord alleged the tenants smoked in the unit, contrary to the lease agreement and condominium rules, and caused damage that required remediation.

The ruling

The Landlord proved the tenants smoked in the rental unit, causing damage that required $5,433.31 in repairs. The Landlord is also awarded $135.60 in chargebacks and $186 in application fees, for a total of $5,754.91 owed by the tenants. The tenancy is terminated as of March 30, 2024.