Landlord Wins Damages Case: Frastell Property Management Inc v Purdy 2024
Ottawa tenants ordered to pay $5565 for flood damage, face eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1804 465 Richmond Rd, Ottawa, ON K2A1Z1
Decision in favor of
landlord
Balance Owed to Landlord
$5,565
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Nov 2023
Order Date
Jan 8, 2024
Tenancy End Date
Mar 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference, damage to the premises, and illegal acts. The application was filed after serving a valid N5 notice, which the tenants did not void by repairing the damage or making arrangements to pay for the repairs.
Determinations
- Landlord only proceeded on one of the events listed on the N5 notice
- Landlord proved grounds for termination and claim for compensation
- Tenancy terminated effective March 31, 2024
- Tenants to pay Landlord $5,378.80 in damages
- Landlord entitled to $186.00 for filing application costs
Case Study
The Landlord proved on a balance of probabilities that the Tenants negligently caused undue damage to the rental complex by leaving a faucet on, which led to a flood. The Tenants did not void the damage claim by repairing the damage or making arrangements to pay for the repairs. However, considering the Tenant's personal circumstances, it would not be unfair to postpone the eviction until March 31, 2024.
Arguments and Actions
Tenant
Arguments
Tenant argued that the Landlord did not properly mitigate the damages and that she should have been allowed into the affected units to clean up the water.
Actions
Tenant testified that the flood was caused by a dislodged drainpipe, not the faucet being left on.
Decision Summary
The tenancy is terminated effective March 31, 2024. The Tenants are ordered to pay the Landlord $5,564.80, which includes $5,378.80 in damages and $186.00 in application filing costs. If the Tenants do not pay the full amount by March 31, 2024, they will owe interest at 7% annually on the outstanding balance.
Reason for Eviction Relief
Considering the Tenant's personal circumstances, it would not be unfair to postpone the eviction until March 31, 2024.
Adjudicator Details
LTB Member
Total Orders
437
Landlord Favorable
96.1%
Tenant Favorable
2.5%
Mutual Agreement
1.4%
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Financial Details
Application Fee
$186
Damages
$5,379
Total Owing
$5,565 (Owed to Landlord)
Source
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