Lau v Mordchaev
Tenant wins · North York · 2024-08-21
- Adjudicator
- Kate Sinipostolova
- Dispute
- Damage to Property
- Notice
- Damage to Property (N5)
- Amount
- >$20K
- Landlord
- A.L.
- Tenant
- E.M.
- Landlord rep
- Hoi Fai Alvin Chan
What happened
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant allegedly causing significant damage to the rental unit through a flood. The Landlord claimed the Tenant was negligent in not notifying the Landlord about the running toilet that caused the flood.
The ruling
The Landlord's application is dismissed. The Landlord did not prove the Tenant, another occupant, or someone the Tenant permitted caused the flood damage to the rental unit. The Tenant's testimony and evidence were found more credible than the Landlord's hearsay evidence.