Landlord Wins Damages Case: Chandler v Naoufal 2022
Landlord awarded $1086 for property damage in Ottawa rental dispute
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1011 Beryl Private, Ottawa, ON K1V2M4
Decision in favor of
landlord
Balance Owed to Landlord
$1,086
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Oct 2021
Order Date
Feb 18, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to the Tenant, another occupant, or someone the Tenant permitted in the residential complex wilfully or negligently causing undue damage to the premises. The Landlord also applied for an order requiring the Tenant to compensate the Landlord for the damage.
Determinations
- Landlord has incurred or will incur costs of $900.00 to repair the damage and/or replace property that was damaged and cannot be reasonably repaired
- Landlord submitted photographs of the claimed damage and estimates for the cost to replace the damaged property totaling $1,619.94
- Tenant did not attend the hearing to make submissions
- Tenant vacated and moved out of the rental unit on or about July 31, 2021
Case Study
The Tenant is no longer an occupant of the unit, so the Landlord's application to end the tenancy and evict the Tenant is moot. However, the Landlord is still entitled to compensation for the damage caused by the Tenant, another occupant, or someone the Tenant permitted in the residential complex, as long as the Landlord can prove the damage was caused wilfully or negligently on a balance of probabilities.
Arguments and Actions
Tenant
Actions
Tenant vacated and moved out of the rental unit on or about July 31, 2021.
Decision Summary
The Tenant shall pay the Landlord $900.00 for the reasonable costs of repairing the damage and/or replacing the damaged property, and $186.00 for the cost of filing the application. The Tenant shall pay the total amount owing to the Landlord on or before February 28, 2022. If the Tenant does not pay the full amount by the due date, they will start to owe simple interest calculated at 2.00% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
610
Landlord Favorable
84.3%
Tenant Favorable
8.7%
Mutual Agreement
7.0%
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Financial Details
Application Fee
$186
Damages
$900
Total Owing
$1,086 (Owed to Landlord)
Source
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