Dosenovic v Jeffrey
Last updated: July 22, 2024
Order
Ordered by Sonia Anwar-Ali,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Agree with the ruling?
Citation: Dosenovic v Jeffrey, 2022 CanLII 70616
File Number: SOL-19006-21
Timeline
Application Date
Jan 2021
Hearing Date
Dec 2021
Order Date
Jan 18, 2022
Decision
The Tribunal ordered the Tenant to pay the Landlord $1,038.42 to cover the reasonable cost of replacing the damaged door, in installments over 7 months. The Tenant was also ordered to refrain from causing further damage to the door for the next 12 months, with the Landlord able to apply for an eviction order if the Tenant fails to comply.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant due to the Tenant wilfully or negligently causing undue damage to the rental unit. The Landlord claimed the exterior door to the rental unit was damaged when the Tenant forced entry after being locked out, and the Tenant's attempt to fix the damage resulted in additional holes being drilled into the door, leaving it in an irreparable state.
Determinations
- Damage could not be reasonably repaired
- Damage was due to Tenant's wilful or negligent conduct
- Exterior door to unit was damaged
- Landlord served valid N5 notice
- Lawful monthly rent is $578
- Tenant did not void notice by repairing or paying
- Tenant in possession of rental unit
Landlord's Arguments
Tenant's Arguments
Arguments
Tenant does not feel he should be evicted due to this issue and seeks dismissal of the application. Alternatively, Tenant is agreeable to a conditional order requiring him to refrain from causing further damage.
Actions and Evidence
Tenant acknowledged breaking into the unit when locked out, but denied changing the locks or drilling additional holes.
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