Dragusha v Almjabber

Tenant wins · Kitchener · 2025-11-20

Adjudicator

Joy Xiao

Dispute

Damage to Property, Personal Use

Notice

Personal use (N12)

Landlord

B.D.

Tenant

S.A.

What happened

The Landlord applied for an order to terminate the tenancy for personal use and to seek compensation for damages allegedly caused by the Tenant. The Landlord served an N12 notice but failed to pay the required one-month rent compensation by the termination date specified in the notice. Additionally, the Landlord claimed $3,000.00 for five holes drilled in an exterior wall for a security camera but failed to provide any documentary evidence, receipts, or contractor testimony to support the cost of repairs.

The ruling

The Landlord's application to terminate the tenancy and for compensation for damages is dismissed. The eviction was denied because the Landlord did not pay the mandatory compensation to the Tenant by the N12 termination date. The claim for $3,000.00 in damages was dismissed because the Landlord failed to provide any documentary proof or reliable evidence to justify the repair costs.