D.D Acquisitions Partnership v Savage: Eviction Dismissed, Maintenance Issues Addressed
Hamilton landlord's eviction application dismissed, tenant awarded interest on rent deposit
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 123 Emerald Street S, Hamilton, ON L8N2V4
Decision in favor of
tenant
Balance Owed to Tenant
$39
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Jun 2021
Order Date
Jan 27, 2022
Dispute Summary
Landlord applied for eviction due to non-payment of rent. The application was dismissed due to invalid service of the N4 notice. Tenant raised maintenance issues under section 82, including cockroaches, missing smoke alarm, and interest on rent deposit.
Determinations
- Landlord failed to prove N4 notice was served
- Tenant complied with section 82 disclosure requirements
- Tenant denied entry for pest control and smoke alarm inspection
- Tenant entitled to interest on rent deposit from previous landlord
- Tenant unreasonably withheld paying rent
Case Study
The Landlord's application was dismissed due to failure to prove proper service of the N4 notice. The Tenant's claims regarding cockroaches and smoke alarm were dismissed due to lack of evidence and denial of entry. The Tenant's claim for interest on rent deposit was partially successful.
Arguments and Actions
Landlord
Arguments
Landlord argued they were not previously informed about cockroach issues or missing smoke alarm.
Actions
Landlord attempted to schedule pest control treatment and smoke alarm inspection after the June 1, 2021 hearing.
Procedural Errors
Landlord failed to prove proper service of the N4 notice.
Tenant
Arguments
Tenant claimed Landlord failed to collect rent, address cockroach issue, replace smoke alarm, and pay interest on rent deposit.
Actions
Tenant denied entry for pest control and smoke alarm inspection. Tenant unreasonably withheld paying rent.
Decision Summary
The Landlord's application for eviction was dismissed due to invalid service of the N4 notice. The Tenant's claims regarding cockroaches and smoke alarm were dismissed. The Tenant was awarded $38.82 for improperly retained interest on the rent deposit.
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
91.3%
Tenant Favorable
4.5%
Mutual Agreement
4.1%
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Financial Details
Rent Deposit
$607
Deposit Interest
$39
Total Owing
$39 (Owed to Tenant)
Source
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