Raahemifar v Ovais Reza

Landlord wins · Waterloo · 2024-02-23

Adjudicator

Frank Ebner

Dispute

Major Repairs Or Renovations

Notice

N13 Notice of Termination

Amount

<$5K

Landlord

K.R.

Tenant

M.O.R., N.Z.

Tenant rep

Tenant Duty Counsel

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord requires vacant possession of the rental unit in order to do major repairs or renovations to the unit. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date. The Landlord also applied for an order requiring the Tenants to pay the Landlord's reasonable out-of-pocket expenses that are the result of the Tenant's failure to pay utility costs they were required to pay under the terms of the tenancy agreement.

The ruling

The tenancy is terminated and the Tenants must move out by May 31, 2024. The Tenants owe the Landlord $1,381.46 for unpaid utility costs, but the Landlord owes the Tenants $2,366.38 for the rent deposit and interest. The Landlord can deduct $76.70 per day from the amount owed to the Tenants for the Tenants' use of the unit after February 6, 2024 until they move out.