Johnson v Vance
Landlord wins · Nottawa · 2024-09-16
- Adjudicator
- Kate Sinipostolova
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Amount
- $10-20K
- Landlord
- B.J.
- Tenant
- W.V.
- Landlord rep
- Cheryl Widdrington
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. The Landlord also applied for an order requiring the Tenant to pay the Landlord's reasonable out-of-pocket expenses that are the result of the Tenant's failure to pay utility costs they were required to pay under the terms of the tenancy agreement, and for an order requiring the Tenant to pay the Landlord's reasonable out-of-pocket costs the Landlord has incurred or will incur to repair or replace undue damage to property.
The ruling
The Landlord has proven the claim for compensation in the application. The Tenant must pay the Landlord $12,115.80, which includes $11,929.80 in daily compensation for use and occupation of the rental unit from February 18, 2024 to June 14, 2024, and $186.00 for the cost of filing the application. The Landlord's request to amend the application to include utility charges was denied as it would be unfair to the Tenant. The Landlord's claim for undue damage to the rental unit was also denied as the Landlord did not provide sufficient evidence.