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“In my view, this is all simple wear and tear,” Landlord and Tenant Board member James Campbell wrote in a recent ruling. “This is not evidence of negligent damage, in my opinion.”

Four people have lived in the unit for five years.

The board dismissed the landlord’s request to terminate the tenancy for “wilfully or negligently” damaging the unit. And it declined to order the tenants to pay for all of the damage.

“A landlord cannot expect a tenant to live in a house for five years without wear and tear, worn walls, scuff marks and the odd broken trim, here and there,” Campbell said.

“This is the cost of the landlord doing business. The tenant is entitled to live in a home, and as long as they do not negligently cause damage, they are not to be liable.”

The tenants said the carpet was ripped more than two years ago to let it properly dry after a washing machine flooded. The tenants said the landlord told them not to worry as the carpet would be fixed when they left.

The landlord told the board cigarette butts were found in an ashtray on a barbecue near gasoline and propane tanks, an “open wire” was on the ground and a switch plate was broken.

The cigarette butts, found on a snowy day, “is a non-issue,” Campbell said.

“There was no evidence that the tenant was smoking outside at the BBQ when it was turned on. They claim they rarely BBQ.”

An extension cord was damaged, “but the copper wiring did not appear to be exposed,” Campbell said.

He said the tenants have already repaired the trim. He said they should be held responsible for “minor upkeep work.”

“The carpet needs a steam clean and the walls need a good solid clean from a professional cleaner,” Campbell said. “The switch plate must be repaired.”

They are liable “for no more than this,” he said.