SWORD v SCOTT

Landlord wins · Kingston · 2025-04-11

Adjudicator

Robert Brown

Dispute

Breach of Conditions, Damage to Property, Substantial Interference

Notice

N7 Notice to End your Tenancy For Causing Serious Problems in the Rental Unit or Residential Complex

Amount

>$20K

Landlord

T.D.S., T.H.R.

Tenant

T.S.

What happened

Landlords applied to evict the Tenant for seriously impairing safety and willfully causing extensive damage to the rental unit. The Landlords also claimed for unpaid utilities. The Tenant did not attend the hearing. The Landlords presented photographic evidence of severe damage, including broken windows, holes in drywall, a disabled smoke detector, removed kitchen cabinets, and unreported fire damage. The estimated damage, between $75,000 and $250,000, far exceeded the LTB's jurisdictional limit of $35,000.

The ruling

The tenancy is terminated effective April 16, 2025, due to willful damage and serious impairment of safety by the Tenant. The Tenant is ordered to pay the Landlords $35,186.00, which includes the maximum allowable amount for damages ($35,000) and the application filing fee. The actual damages were estimated to be much higher. Relief from eviction was denied despite the Tenant's potential substance abuse issues, and an expedited eviction was ordered.