Landlord Wins Eviction Case for Tenant Damage - Greater Sudbury Housing Corp v Desforges
Sudbury landlord wins eviction case against tenant who caused significant damage to rental unit
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 720 Bruce Avenue, Sudbury, ON P3C5C4
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Nov 2020
Hearing Date
Jun 2021
Order Date
Oct 4, 2021
Tenancy End Date
Oct 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to wilful damage to the rental unit and use of the unit in a manner inconsistent with residential premises.
Determinations
- Tenant still has possession of the rental unit
- Landlord filed application under section 63(b) of the Residential Tenancies Act
- Tenant wilfully caused undue damage to the rental unit
- Damage was serious and greater than expected under section 62(1)
- Landlord's evidence on repair costs was insufficient
Case Study
The Landlord presented evidence that the Tenant wilfully caused undue damage to the rental unit by removing drywall, creating holes, and causing other significant damage. The Landlord was unable to provide sufficient evidence to substantiate the full cost of repairs. The Tribunal found that it would be unfair to grant relief from eviction.
Arguments and Actions
Landlord
Procedural Errors
Landlord did not provide evidence to the Tenant 7 days prior to the hearing as required by the Board's Rules.
Tenant
Actions
Tenant removed drywall between living room and bedroom, created holes, and caused other significant damage to the rental unit.
Decision Summary
The tenancy is terminated effective October 15, 2021. The Tenant must vacate the rental unit by that date. If the unit is not vacated, the Landlord may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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