Landlord Wins Damages Case Against Tenant Who Kept Chickens: 422872 Ontario Inc. v Almasri 2021
Windsor landlord awarded $2086 in damages from tenant who kept chickens in rental unit
Summarized by RentZenLast updated: July 26, 2024
Case Summary
544 Glengarry Avenue, Windsor, ON N9A1R1
Decision in favor of
landlord
Balance Owed to Landlord
$2,086
Dispute Categories
Notices Sent
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Timeline
Tenancy End Date
Sep 2021
Hearing Date
Sep 2021
Order Date
Dec 30, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to wilful or negligent damage to the rental unit or residential complex. The Tenant had already been evicted from the rental unit on September 8, 2021 prior to the hearing.
Determinations
- Tenant evicted on 2021-09-08 prior to hearing
- Landlord proved damage on balance of probabilities
- Landlord entitled to $1,900 for repair/replacement costs
- Tenant must pay $186 application fee
- Total amount owing is $2,086
Case Study
The Landlord was required to prove the allegations of wilful or negligent damage on a balance of probabilities. The Landlord submitted evidence of the damage and costs to repair, while the Tenant provided photos that were not time/date stamped. The Adjudicator found the Landlord's evidence more convincing and granted an order for the Tenant to pay $1,900 for the reasonable costs of repair and replacement, plus the $186 application fee.
Arguments and Actions
Tenant
Actions
Tenant kept chickens in the rental unit, causing damage and requiring substantial cleaning.
Decision Summary
The Tenant was ordered to pay the Landlord $1,900 for the reasonable costs of repairing and replacing damaged property, plus the $186 application fee, for a total of $2,086 to be paid by January 15, 2022. If the Tenant does not pay by the due date, they will owe interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
610
Landlord Favorable
84.3%
Tenant Favorable
8.7%
Mutual Agreement
7.0%
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Financial Details
Application Fee
$186
Damages
$1,900
Total Owing
$2,086 (Owed to Landlord)
Source
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