Mom's Tattoo Shop v Dash Realty Partnership
Tenant wins · Kitchener · 2015-08-15
- Adjudicator
- S. McGill
- Dispute
- Breach of Conditions, Damage to Property
- Amount
- $5-10K
- Landlord
- Dash Realty Partnership, Dash Realty Ltd., D.H., Y.H.
- Tenant
- M.T.S., G.S.
- Landlord rep
- N. Leitzman
- Tenant rep
- T. Ellis
What happened
The Tenants claim damages for water damage to their property and lost revenue due to an unrepaired water leak that forced them to vacate the premises. The Landlords deny the claim, alleging that the Tenants abandoned the premises and improperly repudiated the lease. The Landlords also claim unpaid rent for the unexpired term of the lease.
The ruling
The court ruled in favor of the Tenants, finding that the Landlords intentionally misrepresented the condition of the premises regarding a chronic water leak. This misrepresentation allowed the Tenants to rescind the lease contract. The Tenants were awarded $9,700 in damages for their reliance on the misrepresentation, including costs for leasehold improvements, moving expenses, and some lost revenue. The Landlords' claim for unpaid rent was dismissed.