Landlord Wins Damages Claim Against Tenant for Wilful Damage - Stass v Walker

Dispute Summary

Landlord applied for an order to terminate the tenancy and evict Tenant due to wilful or negligent damage to the rental unit and residential complex, substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant, and serious impairment of the safety of any person.

Determinations

• Based on the totality of the testimonies given and evidence that was submitted with the original application, the Tenant or an occupant of the rental wilfully or negligently caused undue damage to the rental unit and residential complex.
• The Landlord has incurred or will incur initial costs of $14,012.00 to repair the damage and/or replace property that was damaged and cannot be reasonably repaired as was set out in the original application filed with the Board.
• The Landlord submitted photographs and quotations for the claimed damage that he incurred or will incur costs of $14,012.00 to repair the damage and/or replace property that was damaged and cannot be reasonably repaired.
• The Landlord's amended application for revised claim for costs of $20,025.00 was denied as the Landlord provided no documentation from a contractor, for a revised estimate or paid invoices, nor did the Landlord bring forth any contractor witness to give testimony.
• The Tenant disputes the costs being claimed, alleging that some of the repair work was completed by her, but did not provide any detailed documents such as dates repair work was completed and the cost she incurred to repair damage.
• The Tenant was still in possession of the rental unit as of the date the application was filed with the Board.

Arguments and Actions