Smith v Sasani

Landlord wins · Ottawa · 2018-05-09

Adjudicator

R. Conway

Dispute

Damage to Property

Amount

<$5K

Landlord

A.S.

Tenant

H.S.

What happened

Landlord sued tenant for $3,363.24 in damages to the rental property after a one-year tenancy. The tenant disputed most of the claims, arguing they were normal wear and tear or pre-existing issues. The court had to determine which damages were beyond normal wear and tear and caused by the tenant's negligence.

The ruling

The court granted judgment to the landlord for $1,742.10 in damages, which was less than the $3,363.24 originally claimed. The tenant was found responsible for some damages beyond normal wear and tear, including replacing LED lights, missing sheers, broken carbon monoxide monitors, a broken light fixture, plumbing repairs, and some drywall and painting costs. Other claimed damages were deemed normal wear and tear or not sufficiently proven.