Landlord Wins Damages and Eviction Case: 8075506 Canada Ltd. v Hvozdar 2024
Toronto landlord awarded $5877 in damages and eviction against tenant who caused water damage, broke windows, and failed to pay rent
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 3685 Lake Shore Blvd W, Toronto, ON M8W1P7
Decision in favor of
landlord
Balance Owed to Landlord
$5,877
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Tenancy End Date
Oct 2023
Application Date
Dec 2023
Hearing Date
May 2024
Order Date
Jun 14, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent, substantial interference with the reasonable enjoyment of the landlord or other tenants, and wilful or negligent damage to the rental unit and complex. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears. The tenant had vacated the rental unit on October 3, 2023, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2023-10-03
- Lawful rent due on 1st of each month
- No payments made since application filed
- Tenant caused water damage, broke windows, and damaged flooring
Arguments and Actions
Tenant
Actions
Tenant refused to close the glass shower doors when taking lengthy showers, causing water damage to the unit below. Tenant acknowledged responsibility for broken windows but did not repair them.
Decision Summary
The Landlord's application is granted. The tenancy is terminated effective October 3, 2023, the date the tenant vacated the rental unit. The tenant is ordered to pay the Landlord $5,876.54, which includes rent arrears, the cost of filing the application, and compensation for damages caused by the tenant. If the tenant does not pay the full amount by June 25, 2024, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
17
Landlord Favorable
82.3%
Tenant Favorable
11.8%
Mutual Agreement
5.9%
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Financial Details
Lawful Rent
$1,050
Rent Arrears
$954
Application Fee
$186
Rent Deposit
$1,050
Deposit Interest
$11
Damages
$5,798
Total Owing
$5,877 (Owed to Landlord)
Source
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