Stamm Investments Limited v Ryan

Tenant wins · 2015-08-25

Adjudicator

J. Sebastian Winny

Dispute

Damage to Property, Non-payment of Rent

Landlord

Stamm Investments Limited

Tenant

R.R., A.M.

Landlord rep

B. Parsons

What happened

Landlord claimed $1,963.92 against former tenants and their guarantor for unpaid rent, sheriff's eviction fee, cleaning, and unpaid hydro after termination of tenancy by LTB order. The court dismissed the claim against tenants for lack of jurisdiction and against the guarantor on merits.

The ruling

The court dismissed the landlord's claim against the tenants for lack of jurisdiction, as the Landlord and Tenant Board has exclusive jurisdiction over such matters. The claim against the guarantor was dismissed on its merits, as no amount was found to be owed by the tenants. The court emphasized that the tenancy termination by LTB order ended the tenants' obligation to pay rent, and claims for post-eviction rent were not valid.