940412 ONTARIO LTD. v Yuhasz

Landlord wins · Brantford · 2024-05-02

Adjudicator

Vicky Liu

Dispute

Damage to Property, Substantial Interference

Notice

N5

Amount

<$5K

Landlord

940412 ONTARIO LTD.

Tenant

H.Y., T.J.

Landlord rep

Gerald Rozario, Mark Ciobotaru

Tenant rep

Francisco Gomez

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenants because the Tenants, another occupant of the rental unit or someone the Tenants permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant, and the Tenants, another occupant of the rental unit or someone the Tenants permitted in the residential complex has wilfully or negligently caused damage to the premises.

The ruling

The Landlord has proven on a balance of probabilities the grounds for the claim for compensation in the application. The Tenants shall pay the Landlord $583.68 on or before May 13, 2024. The Tenants did not void the portion of the N5 alleging undue damage, and the Tenants negligently caused undue damage to the rental unit. The estimate provided by McClelland Glass Centre Ltd. to replace the patio screen door is reasonable.