Landlord Wins Damages and Rent Arrears Case: 1912802 Ontario Inc v Labombarbe 2024
Windsor landlord awarded $23257 for rent arrears and smoke damage caused by tenant
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 2345 University Avenue West, Windsor, ON N9B1E8
Decision in favor of
landlord
Balance Owed to Landlord
$23,257
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Aug 2021
Application Date
Dec 2022
Hearing Date
Mar 2024
Order Date
Apr 19, 2024
Dispute Summary
Landlord applied for an order to require the Tenant to pay rent arrears and compensation for damages caused by the Tenant's smoking in the rental unit. The Tenant vacated the unit on March 21, 2021, but did not pay rent for the period from January 1, 2021, to August 31, 2021. The Landlord also claimed compensation for the cost of cleaning and deodorizing the rental unit and the unit above due to the Tenant's smoking.
Determinations
- Tenant vacated on March 21, 2021, but did not pay rent for January 1, 2021, to August 31, 2021
- Lawful rent was $1,175 per month, due on the 1st
- Tenant did not make any payments after application filed
- Tenant's obligation to pay rent ends on August 31, 2021
- Rent arrears and daily compensation owing to August 31, 2021, is $9,400
- Landlord incurred $201 in application filing costs
- Tenant caused undue damage to the rental unit and common areas due to smoking
- Cost to repair the damage is $13,656
Arguments and Actions
Landlord
Actions
Landlord inspected the rental unit and found smoke damage throughout the unit and common areas.
Tenant
Actions
Tenant vacated the rental unit on March 21, 2021, without paying full rent arrears.
Decision Summary
The Tenant shall pay the Landlord $9,601 for rent arrears and application costs, and $13,656 for the cost of repairing damage caused by the Tenant's smoking. If the Tenant does not pay the full amount by April 30, 2024, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
47
Landlord Favorable
91.5%
Tenant Favorable
8.5%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,175
Rent Arrears
$9,400
Application Fee
$201
Damages
$13,656
Total Owing
$23,257 (Owed to Landlord)
Source
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