Landlord Wins Eviction Case Against Tenant Who Broke Window
Landlord successfully evicts tenant who broke his window in Ottawa rental property
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 2269 Lawn Ave, Ottawa, ON K2B7B1
Decision in favor of
landlord
Balance Owed to Landlord
$2,618
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
May 2024
Order Date
Jul 18, 2024
Tenancy End Date
Jul 2024
Dispute Summary
Landlord applied to terminate the tenancy and evict Tenant due to Tenant committing illegal acts, substantially interfering with the Landlord's reasonable enjoyment, and wilfully causing undue damage to the residential complex.
Determinations
- The N6 Notice and N7 Notice are substantially compliant with the Act
- Tenant committed an illegal act in the residential complex by breaking the Landlord's window
- Tenant's conduct on April 2, 2024 seriously impaired the safety of the Landlord and substantially interfered with the Landlord's reasonable enjoyment
- Landlord is entitled to $907.00 to replace the damaged window
- Landlord is entitled to daily compensation for use of the unit from May 1, 2024 to the date the Tenant vacates
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. The tenancy is terminated and the Tenant shall pay $907.00 as the reasonable costs to replace the broken window.
Arguments and Actions
Landlord
Actions
Landlord and his brother felt threatened by Tenant's aggressive and threatening behavior on April 2, 2024, including breaking the Landlord's window.
Tenant
Actions
Tenant broke the Landlord's window, allegedly by accidentally tossing a rake that bounced and hit the window.
Decision Summary
The tenancy is terminated effective July 31, 2024. The Tenant must pay the Landlord $2,617.53, plus $52.57 per day for use of the unit starting May 30, 2024 until the Tenant vacates, less any amounts paid after May 1, 2024. If the Tenant does not pay the full amount by July 31, 2024, the Tenant will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
104
Landlord Favorable
78.8%
Tenant Favorable
12.5%
Mutual Agreement
8.7%
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Financial Details
Application Fee
$186
Damages
$907
Total Owing
$2,618 (Owed to Landlord)
Source
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