Chudyk v Rimmer

Landlord wins · Huntsville · 2024-11-01

Adjudicator

James Campbell

Dispute

Damage to Property

Notice

N5 Notice of Termination: Wilful or Negligent Damage

Amount

$10-20K

Landlord

J.B.C.

Tenant

K.R.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to wilful or negligent damage to the rental unit. The Landlord alleged that on October 18, 2022, four people smashed a window and part of the patio door to access the Tenant's unit, and on October 23, 2022, the Landlord found excrement and urine from a dog on the main office floor. The Tenant did not repair the damage or pay the Landlord's reasonable costs to repair the damage within seven days after receiving the N5 notice.

The ruling

The Landlord proved the grounds for termination of the tenancy and/or the claim for compensation. The Tenant is ordered to pay the Landlord $4,100.65 for the damage caused to the unit, plus the $186 application fee, by November 30, 2024. If the Tenant fails to comply, the Landlord may apply to terminate the tenancy and evict the Tenant. The Tenant is also ordered to pay the Landlord $13,752.44 in compensation for use of the unit from November 21, 2022 to October 9, 2024, and $19.96 per day starting October 10, 2024 until the Tenant moves out. The rent deposit and interest of $661.82 is deducted from the total amount owed.