Stamm Investments Limited v Hobbs

Tenant wins · 2015-12-29

Adjudicator

J. Sebastian Winny

Dispute

Damage to Property, Non-payment of Rent

Notice

Non-payment of rent (N5)

Landlord

Stamm Investments Limited

Tenant

R.H.

Landlord rep

B. Parsons

What happened

Landlord claimed damages of $4,317.12 (reduced to $3,364.83) from former tenant, mostly for rent for four months after tenant vacated, plus claims for reversed free rent coupon, hydro, cleaning, repair, and advertising costs. Tenant had vacated after receiving N5 notice for noise complaints and other issues.

The ruling

The court dismissed the landlord's claim for damages, finding that the tenancy terminated on January 31, 2015, when the tenant vacated the unit in response to the N5 notice. The tenant was not liable for rent beyond the termination date, and most other claims were dismissed due to lack of evidence.