Gulyaev v Hamidi

Landlord wins · Markham · 2025-08-19

Adjudicator

Colin Elsby

Dispute

Damage to Property, Personal Use

Notice

Personal use (N12)

Amount

$5-10K

Landlord

V.G., T.G.

Tenant

H.H., S.E.

Tenant rep

Arezoo Hosseini

What happened

Landlords applied to terminate the tenancy for personal use and for an order requiring the Tenants to pay for damages caused by a kitchen fire in 2019. The Tenants vacated the unit on March 3, 2025, before the hearing, making the eviction request moot. The Tenants argued that the damage claim was filed too late and was vexatious. The Adjudicator found that the Act does not impose a limitation period for damages while the tenancy is ongoing and ordered the Tenants to pay for the kitchen repairs.

The ruling

The tenancy was terminated effective March 3, 2025, the date the Tenants vacated the unit. The Tenants are ordered to pay the Landlord $7,311.76, covering the costs of kitchen cabinet replacement necessitated by a 2019 fire and the application filing fee. Interest will accrue at 4% per annum if not paid by August 30, 2025.