Huang v Ramirez

Tenant wins · Toronto · 2025-06-09

Adjudicator

Jeremy Henderson

Dispute

Damage to Property

Notice

Damage to property (N5)

Landlord

D.H., G.B.

Tenant

B.R.

Tenant rep

Samuel Mason

What happened

The Landlords filed an application to terminate the tenancy and for compensation, alleging the Tenant willfully or negligently damaged the bathtub. The Landlords served an N5 notice, which was not voided. The adjudicator dismissed the application, finding the Landlords failed to prove the Tenant caused the damage and that their requested repair cost of over $33,000 was 'absurd' and actually for a full bathroom remodel, not a simple repair.

The ruling

The Landlords' application to terminate the tenancy and claim for compensation is dismissed. The Board found no evidence that the Tenant caused the alleged damage to the bathtub and deemed the Landlords' requested repair cost of $33,435.10 to be 'absurd' and unreasonable.