Calandra v Killam (Hearns)
Landlord wins · Windsor · 2025-04-15
- Adjudicator
- Panagiotis Peter Roupas
- Dispute
- Damage to Property, Substantial Interference
- Notice
- Damages (N5), Substantial interference (N5)
- Amount
- $5-10K
- Landlord
- J.C., C.H.
- Tenant
- A.K.H., S.H., J.P.
What happened
Landlords applied to evict tenants for substantial interference and causing wilful or negligent damage. The application was based on an N5 notice. The tenants vacated the rental unit before the hearing, rendering the eviction portion of the application moot. The landlords proceeded with their claim for compensation for the damages and associated costs. The tenants did not attend the hearing.
The ruling
The Tenants are ordered to pay the Landlords a total of $7,074.09. This amount includes $6,863.09 for the cost of repairing property damage, $25.00 for out-of-pocket expenses resulting from substantial interference, and $186.00 for the application filing fee. Payment is due by April 26, 2025. Interest at a rate of 5.00% per year will apply to any outstanding balance starting April 27, 2025. The eviction portion of the application was dismissed as moot because the Tenants had already vacated the property.