Landlord Wins Eviction Case Against Tenant With Hoarding and Damage Issues: Byron Rental Properties Ltd. v Draper 2023
Ottawa landlord wins eviction case against tenant with hoarding and pet damage issues
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 2123 Honeywell Ave, Ottawa, ON K2A0P7
Decision in favor of
landlord
Balance Owed to Landlord
$1,090
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2023
Order Date
Mar 20, 2023
Tenancy End Date
Apr 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant, and wilful or negligent damage to the premises. The Landlord served the Tenant with two N5 Notices of Termination for issues related to hoarding, excessive garbage, and damage to the floors from pet feces.
Determinations
- Landlord served valid N5 Notices
- Landlord's claim for cleanup costs denied
- Landlord's claim for fridge replacement denied
- Relief from eviction not granted
- Tenant did not void N5 notices
- Unit in poor condition with excessive clutter, garbage, and damage to floors from pet feces
Case Study
The Landlord has proven the grounds for termination of the tenancy and a partial claim for compensation. The Tenant did not void the N5 notices and the evidence showed the unit was in poor condition with excessive clutter, garbage, and damage to the floors from pet feces. The Landlord's claim for cleanup costs was denied as there was no evidence of actual damage, and the claim for fridge replacement was denied due to lack of details. Relief from eviction was not granted as the circumstances were unfair.
Arguments and Actions
Landlord
Actions
Landlord served two N5 Notices for issues related to hoarding, excessive garbage, and damage to the floors from pet feces. Landlord inspected the unit and found it in poor condition.
Tenant
Actions
Tenant's unit was filled with excessive clutter, garbage, and pet feces that caused damage to the floors.
Decision Summary
The tenancy is terminated effective April 7, 2023. The Tenant must vacate the unit by that date. The Tenant is ordered to pay the Landlord $904 for the cost of repairing the damaged property and $186 for the application filing fee. The Tenant is owed a credit of $53.10 from the rent deposit and interest.
Adjudicator Details
LTB Member
Total Orders
390
Landlord Favorable
85.6%
Tenant Favorable
7.2%
Mutual Agreement
7.2%
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Financial Details
Application Fee
$186
Rent Deposit
$1,095
Deposit Interest
$48
Damages
$904
Total Owing
$1,090 (Owed to Landlord)
Source
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