Carusetta v Leonard: Property Damage Case in Welland, ON
Welland tenant ordered to pay $810 for door damage caused by guest
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 338 King Street, Welland, ON L3B3K3
Decision in favor of
landlord
Balance Owed to Landlord
$996
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Oct 2021
Order Date
Jan 7, 2022
Dispute Summary
Landlord applied for termination of tenancy and eviction due to willful or negligent damage to the premises and substantial interference with reasonable enjoyment. The main issue was damage to the front door caused by a guest of the Tenant.
Determinations
- Additional damage claim of $6,699.14 not considered due to lack of notice to Tenant
- Damage cost is $810.00
- Door replacement required due to fire safety code
- Tenant vacated in early summer
- Tenant's guest caused damage to front door
Case Study
The Tenant could have potentially avoided this outcome by attending the hearing and presenting their side of the story. They could have disputed the extent of the damage, provided evidence of attempts to repair, or negotiated a payment plan for the damages.
Arguments and Actions
Landlord
Actions
Landlord sought additional $6,699.14 in damages discovered after Tenant vacated, which was not included in the original application or notice.
Tenant
Actions
Tenant's guest kicked in the front door of the rental unit. Tenant attempted to re-hang the door, but it no longer met fire safety code.
Procedural Errors
Tenant did not attend the hearing.
Decision Summary
The tenancy was terminated on the date the Tenant moved out. The Tenant is ordered to pay $810.00 for property damage and $186.00 for the application filing fee, totaling $996.00. Interest will accrue if not paid by January 18, 2022.
Adjudicator Details
LTB Member
Total Orders
367
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.5%
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Financial Details
Application Fee
$186
Damages
$810
Total Owing
$996 (Owed to Landlord)
Source
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