Evictly

Hussein v Haman

Tenant wins · Kitchener · 2022-10-07

Adjudicator
Jagger Benham
Dispute
Damages, Personal use
Notice
Personal use (N12)
Amount
<$5K
Landlord
N.H.
Tenant
Y.H.
Landlord rep
David Bernstein
Tenant rep
Tenant Duty Counsel

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to the Landlord requiring possession of the rental unit for the purpose of residential occupation. The Landlord also applied for an order requiring the Tenant to pay the Landlord's reasonable out-of-pocket costs to repair or replace undue damage to property caused wilfully or negligently by the Tenant.

The ruling

The Landlord's application for eviction based on the N12 notice is dismissed. The Tenant is ordered to repay the Landlord the one month's rent compensation in the amount of $1,500.00 and the cost of the replacement stove of $508.50, for a total of $2,008.50.