940412 ONTARIO LTD. v Yuhasz - LTB Ruling on Tenant Damage
Landlord awarded $584 in compensation after tenants negligently damaged rental property in Brantford
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 155 Dundas St, Brantford, ON N3R1S6
Decision in favor of
landlord
Balance Owed to Landlord
$584
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
May 2, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenants because the Tenants, another occupant of the rental unit or someone the Tenants permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant, and the Tenants, another occupant of the rental unit or someone the Tenants permitted in the residential complex has wilfully or negligently caused damage to the premises.
Determinations
- Landlord has proven on a balance of probabilities the grounds for the claim for compensation in the application
- Tenants were in possession of the rental unit on the date the application was filed
- Tenants did not void the portion of the N5 alleging undue damage
- Tenants negligently caused undue damage to the rental unit
- Estimate provided by McClelland Glass Centre Ltd. to replace the patio screen door is reasonable
Arguments and Actions
Tenant
Arguments
The application is retaliatory and the Landlord should not be entitled to costs as the repair or replacement have not been completed.
Actions
Tenants removed the patio screen door on May 7, 2023 as it was stuck, causing the door to collapse.
Decision Summary
The Landlord has proven on a balance of probabilities the grounds for the claim for compensation in the application. The Tenants shall pay the Landlord $583.68 on or before May 13, 2024. The Tenants did not void the portion of the N5 alleging undue damage, and the Tenants negligently caused undue damage to the rental unit. The estimate provided by McClelland Glass Centre Ltd. to replace the patio screen door is reasonable.
Adjudicator Details
LTB Member
Total Orders
96
Landlord Favorable
90.6%
Tenant Favorable
7.3%
Mutual Agreement
2.1%
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Financial Details
Application Fee
$186
Damages
$398
Total Owing
$584 (Owed to Landlord)
Source
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