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Tenant Has to Pay Only 1/10th

The case highlights the financial strain and legal complexities landlords face when repairing damage exceeding tenant liability limits.

Photo by Tierra Mallorca / Unsplash

A tenant responsible for extensive damage to a rental property, totaling more than $40,000, has been ordered to pay $4085 to the landlord by the Tenancy Tribunal.

The property, newly renovated before the tenancy, suffered intentional and careless damage, including broken windows, large holes in walls, and damaged fixtures.

The tribunal determined the tenant was liable for multiple insurance excesses, totaling $750 per incident for 11 separate instances of damage.

Despite the extensive costs, the landlord could only claim the excess amounts under tenancy rules, which cap tenant liability for careless damage to the lower of four weeks’ rent or the insurance excess.

The case highlights challenges with insurance coverage for landlords, particularly how insurers define damage events.

While the tenant’s liability was mitigated by insurance, the case highlights the financial strain and legal complexities landlords face when repairing damage exceeding tenant liability limits.

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