11 Overlea Drive (Kitchener) Limited c/o Realstar Management Partnership v Snow: 11 Overlea Drive (Kitchener) Limited c/o Realstar Management Partnership v Snow 2024
Kitchener landlord wins $18187 dispute over tenant-caused damage and fire safety violations, tenant faces eviction
Summarized by RentZenLast updated: November 3, 2024
Case Summary
710 11 Overlea Drive, Kitchener, ON N2M5C8
Decision in favor of
landlord
Balance Owed to Landlord
$18,188
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
May 2024
Order Date
Jul 9, 2024
Tenancy End Date
Jul 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference, damage to the premises, and illegal acts. The Landlord alleged the Tenant caused significant damage to the rental unit, denied the Landlord access to inspect the unit, and created a fire hazard due to excessive clutter and combustible materials.
Determinations
- Landlord served valid N5, N6, and N7 Notices
- Tenant did not void N5 notice by correcting conduct or paying for damages
- Tenant denied Landlord access to inspect rental unit
- Rental unit suffered significant damage beyond normal wear and tear
- Tenant's actions posed fire safety risk
Arguments and Actions
Landlord
Actions
Landlord inspected the rental unit and found significant damage, including to the kitchen, bathroom, and flooring. Landlord obtained a repair estimate of $19,097.
Tenant
Actions
Tenant denied Landlord access to inspect the rental unit on multiple occasions.
Decision Summary
The Landlord proved the grounds for termination of the tenancy and the claim for $19,097 in damages. The tenancy is terminated effective July 20, 2024, and the Tenant must pay the Landlord $18,187.56 (damages less rent deposit). If the Tenant does not pay by the due date, interest will accrue at 7% annually.
Adjudicator Details
LTB Member
Total Orders
80
Landlord Favorable
86.3%
Tenant Favorable
11.3%
Mutual Agreement
2.5%
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Financial Details
Application Fee
$186
Rent Deposit
$1,095
Damages
$19,097
Total Owing
$18,188 (Owed to Landlord)
Source
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