Giddy v Leclair

Landlord wins · Victoria Harbour · 2024-04-15

Adjudicator

Emily Robb

Dispute

Damage to Property

Notice

N5

Amount

<$5K

Landlord

M.D.G.

Tenant

J.L.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex wilfully or negligently causing damage to the premises. The Landlord also applied for an order requiring the Tenant to pay the Landlord's reasonable out-of-pocket costs to repair or replace the undue damage.

The ruling

The portion of the L2 application relating to the N5 notices of termination is dismissed. The portion of the L2 application relating to damages is granted. The Tenant shall pay the Landlord $1,350.00 for the reasonable costs of repairing the damage and replacing the damaged property, and $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by April 26, 2024, the Tenant will start to owe interest at 7.00% annually on the balance outstanding.