Mazzuca v Wierzbicki

Split/Other wins · Hamilton · 2024-03-28

Adjudicator

Dawn Carr

Dispute

Damage to Property, Substantial Interference

Notice

Damage to Property (N5)

Amount

<$5K

Landlord

R.M., A.D.

Tenant

H.W.

Landlord rep

Kelly Hawkes

What happened

Landlords applied to terminate the tenancy and evict the Tenant due to the Tenant, another occupant, or someone the Tenant permitted causing undue damage to the rental unit or residential complex. The Landlords also applied for an order requiring the Tenant to pay the Landlords' reasonable out-of-pocket costs to repair or replace the damage, and to pay the Landlords' reasonable out-of-pocket expenses resulting from the Tenant's conduct that substantially interfered with the Landlords' reasonable enjoyment of the residential complex.

The ruling

The application for eviction is dismissed as the Landlords did not prove the grounds for termination. However, the Tenant is ordered to provide the Landlords with an access code for the new locking system by April 4, 2024. If the Tenant fails to do so, the Landlords may apply to terminate the tenancy. The Tenant is also ordered to pay the Landlords' $186 application filing fee.