Mavinkurve v Whyte

Tenant wins · Toronto · 2025-12-03

Adjudicator

Margo den Haan

Dispute

Damage to Property

Landlord

M.M.

Tenant

C.D.D., T.A.W.

Landlord rep

Ting (Tina) Cao

What happened

The Landlord applied for compensation totaling $8,132.00 for alleged undue damage caused by the Former Tenants to various items, including the washer/dryer, refrigerator, stove, closet doors, kitchen cabinets, plumbing, walls, thermostat, flooring, and a window. The Former Tenants denied the allegations, asserting that many issues were pre-existing or constituted ordinary wear and tear. They noted that a move-out inspection by the Landlord's agent resulted in the return of their key deposit with no issues raised at the time.

The ruling

The Landlord's application for $8,132.00 in damages was dismissed in its entirety. The Board found that the Landlord failed to prove the tenants caused undue damage. Evidence indicated some issues were pre-existing, while others were the result of equipment failure or ordinary wear and tear. Furthermore, a move-out inspection at the time of vacancy did not identify these issues.