Landlord Wins Eviction Case Against Tenant for Damage and Non-Payment of Rent: Roland Akwensivie v Florence Mbah-segbaya 2022
Landlord awarded $25885 in damages from tenant in Brampton rental dispute over damage and non-payment
Summarized by RentZenLast updated: July 22, 2024
Case Summary
12 Silverstream Road, Brampton, ON L6Z4L2
Decision in favor of
landlord
Balance Owed to Landlord
$25,886
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2020
Hearing Date
Oct 2021
Order Date
Feb 11, 2022
Tenancy End Date
Mar 2022
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to non-payment of rent and damage to the rental unit. The Landlord also alleged that the Tenant's behavior substantially interfered with the Landlord's and other tenants' reasonable enjoyment of the residential complex.
Determinations
- Landlord collected $1,800.00 rent deposit
- Tenant owes $17,600.00 in rent arrears
- Tenant owes interest on rent deposit
- Tenant's actions did not amount to wilful or negligent damage
- Tenant's behavior substantially interfered with Landlord's and other tenants' enjoyment
Case Study
The Landlord was able to demonstrate that the Tenant owed significant rent arrears, despite making some partial payments. The Tenant's explanation for withholding rent was not found to be persuasive. The Landlord also established that the Tenant's actions, specifically the toilet overflow incident, substantially interfered with the Landlord's and other tenants' reasonable enjoyment of the residential complex. However, the Landlord was not able to prove that the Tenant's actions amounted to wilful or negligent damage to the rental unit.
Arguments and Actions
Landlord
Arguments
Landlord argued Tenant's actions substantially interfered with his and other tenants' enjoyment of the residential complex.
Actions
Landlord provided evidence of $35,000 in estimated repair costs due to water damage. Landlord had to take on a second job to cover mortgage payments due to Tenant's non-payment.
Tenant
Arguments
Tenant argued Landlord failed to repair leaking roof and clean garage/basement, which led to rent withholding. Tenant also raised issues from separate T2 and T6 applications.
Actions
Tenant's adult son caused toilet to overflow, leading to significant water damage. Tenant did not immediately inform Landlord.
Decision Summary
The Landlord's applications were granted in part. The tenancy is terminated effective March 13, 2022, and the Tenant must vacate the rental unit by that date. The Tenant is ordered to pay the Landlord $25,885.81, which includes rent arrears, compensation for use of the unit, and application fees. If the Tenant does not pay the full amount by April 13, 2022, interest will accrue on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
159
Landlord Favorable
86.8%
Tenant Favorable
8.2%
Mutual Agreement
5.0%
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Financial Details
Rent Arrears
$17,600
Application Fee
$376
Rent Deposit
$1,800
Total Owing
$25,886 (Owed to Landlord)
Source
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