Landlord Wins Damages Claim Against Tenant for Fire Damage - Galaxy Value Add Ontario Properties LP v Jaber
LTB Orders Tenant to Pay Landlord $7345 for Fire Damage
Summarized by RentZenLast updated: July 22, 2024
Case Summary
317 Fairlea Crescent, Ottawa, ON K1V8T9
Decision in favor of
landlord
Balance Owed to Landlord
$3,846
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2023
Order Date
Mar 27, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference and damages to the rental unit. The Landlord withdrew the part of the application related to the N5 notice and amended the L2 application for damages.
Determinations
- Landlord incurred $7,345.00 in reasonable repair costs
- Landlord withdrew N5 notice application
- Tenant has been making payments, remaining balance is $3,846.90
- Tenant wilfully or negligently caused undue damage to rental unit
Case Study
The Tenant was found to have wilfully or negligently caused undue damage to the rental unit when a fire broke out in the kitchen. The Landlord incurred reasonable costs of $7,345.00 to repair the damage. The Tenant has been making payments towards the damages and the remaining balance is $3,846.90.
Arguments and Actions
Tenant
Actions
Tenant left a pan on the stove unattended, causing a fire that resulted in damage to the rental unit.
Decision Summary
The Tenant is ordered to pay the Landlord $7,345.00 for the reasonable costs of repairing the damaged property. The Tenant has reduced this amount to $3,846.90 and shall continue to pay the Landlord according to their agreement. If the Tenant does not pay the full amount owed, the Tenant will start to owe interest at 5.00% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
390
Landlord Favorable
85.6%
Tenant Favorable
7.2%
Mutual Agreement
7.2%
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Financial Details
Application Fee
$186
Damages
$7,345
Total Owing
$3,846 (Owed to Landlord)
Source
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