Landlord Wins Damage Dispute Against Tenant in Etobicoke: H&R Property Management Ltd. v Oregbe 2021
Tenant ordered to pay $550 for damages to Etobicoke rental unit
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 22 Willowridge Road, Etobicoke, ON M9R3Y9
Decision in favor of
landlord
Balance Owed to Landlord
$550
Dispute Categories
Notices Sent
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Timeline
Application Date
Feb 2021
Hearing Date
Aug 2021
Order Date
Sep 7, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the Landlord's lawful rights and damage to the rental unit. The Landlord claimed $2,766.58 in damages, including damage to the floor, stove, and kitchen countertops.
Determinations
- Landlord served voidable N5 notice on 2021-02-02
- Tenant vacated rental unit on 2021-02-28
- Landlord abandoned claim for replacement cost of fridge
- Landlord not proceeding on basis of substantial interference
- Tenant negligent in installing carpet without permission
- Tenant responsible for $550 in damages for carpet removal and floor repair
- Landlord not entitled to compensation for stove or kitchen countertops
Case Study
The Landlord's claim for compensation was found to be inflated. The Tenant was responsible for the cost of removing the carpet and repairing the damage caused by the installation, but the Landlord was not entitled to compensation for the stove or kitchen countertops. The Landlord's filing fee was also not allowed.
Arguments and Actions
Landlord
Actions
Landlord claimed $2,766.58 in damages, including damage to floor, stove, and kitchen countertops.
Tenant
Actions
Tenant installed carpet in rental unit without permission, causing damage to hardwood floor.
Decision Summary
The Tenant shall pay the Landlord $550 by December 31, 2021. If the Tenant does not pay the Landlord in full by that date, then beginning on January 1, 2022, simple interest shall begin to accrue on the unpaid balance at a rate of 2% per annum.
Adjudicator Details
LTB Member
Total Orders
140
Landlord Favorable
69.3%
Tenant Favorable
17.9%
Mutual Agreement
12.9%
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Financial Details
Damages
$550
Total Owing
$550 (Owed to Landlord)
Source
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