Grace Communities Corporation v Clarke

Landlord wins · Scarborough · 2024-01-08

Adjudicator

Brett Lockwood

Dispute

Damage to Property, Substantial Interference

Notice

N5 Notice of Termination

Amount

<$5K

Landlord

G.C.C.

Tenant

R.A.C.

Landlord rep

Mark Ciobotaru

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant substantially interfering with the Landlord's reasonable enjoyment or lawful right, privilege or interest by negligently clogging the toilet with wooden sticks and twigs, and wilfully or negligently causing damage to the premises.

The ruling

The Landlord has proven the grounds for undue damage, but relief from eviction is granted. The Tenant must pay the Landlord $2,883.93 for the repair costs and $186 for the application fee, for a total of $3,069.93. If the Tenant does not pay by the due date, they will owe interest at 7% annually on the outstanding balance.