Landlord Loses Damage Claim Against Tenants: Williams & McDaniel v Royer
Landlord's damage claim against Guelph tenants dismissed due to lack of evidence
Summarized by RentZenLast updated: October 13, 2024
Case Summary
72 William St, Guelph, ON N1E5E6
Decision in favor of
tenant
Balance Owed to Landlord
$1,500
Dispute Categories
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Timeline
Hearing Date
Aug 2024
Order Date
Aug 28, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord also claimed compensation for damage to property caused wilfully or negligently by the Tenant, another occupant or someone the Tenant permitted in the residential complex.
Determinations
- Tenant was in possession on application date
- Tenant vacated unit at end of February 2024
- Landlord did not prove undue damage caused by Tenant
- Landlord did not provide necessary witness testimony
Arguments and Actions
Landlord
Actions
Landlord's representative Aaron Willing had no direct knowledge of the alleged events and the property manager who reported the incidents did not attend the hearing.
Procedural Errors
Landlord did not provide necessary witness testimony and cross-examination opportunity for the Tenant.
Tenant
Actions
Tenant Sheila Royer struggled to cross-examine the Landlord's representative due to lack of information and personal knowledge.
Decision Summary
The Landlord's application is dismissed. The Landlord did not prove on a balance of probabilities that the Tenant, another occupant or someone the Tenant permitted in the residential complex wilfully or negligently caused undue damage to the rental unit or residential complex.
Adjudicator Details
LTB Member
Total Orders
36
Landlord Favorable
66.7%
Tenant Favorable
27.8%
Mutual Agreement
5.6%
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Financial Details
Damages
$1,500
Total Owing
$1,500 (Owed to Landlord)
Source
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