Landlord Awarded $2201 for Tenant Damage in East Gwillmbury Rental Dispute: Balasubramaniam v Iliuta 2021
Landlord awarded $2201 in damages after Tenants' dog caused extensive harm to East Gwillmbury rental unit
Summarized by RentZenLast updated: July 26, 2024
Case Summary
32 Nature Way Crescent East, East Gwillmbury, ON L9N0A7
Decision in favor of
landlord
Balance Owed to Landlord
$2,201
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Feb 2021
Hearing Date
Jul 2021
Order Date
Dec 14, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to undue damage caused by Tenants' dog and because Landlord sold the rental unit. Tenants had already vacated the unit prior to the hearing.
Determinations
- Tenants vacated rental unit on 2021-02-13
- Landlord sold rental unit on 2021-02-16
- Landlord claimed $3,200 in compensation for damage
- Landlord testified he paid $15,000 to new owner for damage
- Tenants argued damage was repaired before vacating
- Photographs showed damage beyond ordinary wear and tear
- Landlord did not provide invoices or professional quotes
Case Study
The Landlord was no longer the owner of the rental unit, as he had sold it to another owner. The Tenants had already vacated the unit prior to the hearing. The only issue before the Board was the Landlord's claim for compensation regarding the alleged damage caused to the rental unit by the Tenants' dog. The Landlord did not provide invoices or quotes from professional companies to support the claimed costs, and the Tenants argued that any damage was repaired before they vacated. The Board found that some of the damage observed in the photographs went beyond ordinary wear and tear, but the Landlord did not sufficiently prove the costs claimed.
Arguments and Actions
Landlord
Actions
Landlord testified the rental unit had extensive damage caused by Tenants' dog, including to walls, stairs, door, and hardwood floors.
Tenant
Arguments
Tenants argued any damage should be considered ordinary wear and tear.
Actions
Tenants argued they repaired the damage before vacating the unit.
Decision Summary
The Tenants shall pay the Landlord $2,000 for the reasonable costs of repairing the damage caused by the Tenants' dog, and $201 for the cost of filing the application. If the Tenants do not pay the full amount by December 25, 2021, they will owe simple interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
696
Landlord Favorable
92.5%
Tenant Favorable
1.9%
Mutual Agreement
5.6%
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Financial Details
Application Fee
$201
Damages
$2,000
Total Owing
$2,201 (Owed to Landlord)
Source
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