Canmore renters must pay $19,000 in damages after dog pee destroys carpet

[wealthyboomer]

Canmore renters must pay $19,000 in damages after dog pee destroys carpet


CALGARY HERALD NOVEMBER 3, 2010


Not even the surprise attendance of a harmless-looking Yorkshire terrier could persuade a judge to exercise leniency on Tuesday in Canmore small claims court.

Provincial court Judge Les Grieve stood his ground when a former tenant pulled the male pooch, named Boo, from inside his coat and tried to claim innocence regarding his landlords` badly soiled carpet. The proof, according to the evidence, had already trickled into the rug.

Grieve then awarded Cochrane landlords Bonnie White and Bryan Niles $19,182 in damages -- more than half of it to replace the damaged carpet caused by the former tenants` dogs repeatedly peeing on it. The carpet, he concluded, was so ruined that it had to be replaced.

Grieve ordered Sylvia Wilson, Lori Hersey and Michael Hersey to fork over $10,000 for the carpet, $1,800 for one month unpaid rent last April, $5,400 for another three months lost rent while the GlenEagles house was uninhabitable, and carpet cleaning costs and other repairs.



Read more: http://www.calgaryherald.com/news/Canmore+...l#ixzz14Ne2RrEa

 

[housingrental]

Not bad!!!

 

[RussellWestcott]

Is anyone giving odds that they will be able to collect the full amount.

Alas, a judgment is one thing... unfortunately collection may be different

 

[willy]

The judgement is the first step in the right direction. It establishes accountability.

Now we just need that judgement in Ontario.

 

[Savard]

This is an inspiring judgement that shows tenants are accountable for their actions in Alberta. I plan to include this article when i provide final accounting of damages to my tenants. I think it will improve the chances of getting damages from the tenant, if required.

 

[creditinfocanada]

Russell is absolutely correct.

When I first start enforcing orders 13 years ago, I was told by a judge away from chambers that judgments are like toilet paper, they arent good until you use them.

Now accountability is wonderful to have but collectibility would be a heck of alot better.

I would say I have miliions of dollars sitting in my office right now of orders and judgments but we have limited rights when we go to collect. People can easily go bankrupt, the garnishee laws now are tightening, so to me this isnt as positive as one would believe.

CIBC has now passed a new guideline where if one of their clients are on AISH, disability, pension, welfare, EIC, and you garnishee the bank account, "they will not" remit anything claiming that they have the right to offset and they do not consider those amounts garnisheeable. They dont have the right to offset but who wants to pay to enforce against that.

I have a $10,000 dog damage claim right now, a $25,000 rent and damage claim right now, unless you are dealing with people with secure jobs and monies to go after, that judgment once again becomes a piece of toilet paper.

It doesnt take an ad in the paper to think that the market accountibility is changing, I get these orders all the time, so this isnt the first time I have heard about it, but like I said you need avenues to re-coup that money in the end. The higher the judgment amount, the higher the chance of non-recovery and people going bankrupt.

Chris Bradnam

 

[wealthyboomer]

QUOTE (RussellWestcott @ Nov 5 2010, 03:46 PM) Is anyone giving odds that they will be able to collect the full amount.

Alas, a judgment is one thing... unfortunately collection may be different

Seize `Boo the pooch`. Then see how fast the tenants come up with the monies.

 

[wealthyboomer]

QUOTE (RussellWestcott @ Nov 5 2010, 03:46 PM) Is anyone giving odds that they will be able to collect the full amount.

Alas, a judgment is one thing... unfortunately collection may be different

At least the judgement will be registered in the `PPR` so that other landlords will be alerted when these tenants seek new accommodations.