Landlord Wins Damages and Eviction Case Against Tenant: Hasan v Degoeas 2021
Landlord wins eviction case against problematic tenant in Markham, but damage claim dismissed due to lack of details
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 100 Featherstone Avenue, Markham, ON L3S3G4
Decision in favor of
landlord
Balance Owed to Landlords
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2020
Tenancy End Date
Feb 2021
Hearing Date
Feb 2021
Order Date
Mar 1, 2021
Dispute Summary
Landlords applied to terminate the tenancy and evict the Tenant due to the Tenant causing wilful or negligent damage to the rental unit or residential complex, and substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlords or another tenant.
Determinations
- Landlords served N5 Notice on 2020-10-14
- Tenant vacated rental unit on 2021-02-05
- Parties consented to order terminating tenancy on 2021-02-05
Case Study
The N5 notice was void as it lacked sufficient details to allow the Tenant the opportunity to void the notice by repairing or replacing the damaged property. The damage claim was dismissed.
Arguments and Actions
Tenant
Actions
The Tenant was naked on the property, left garbage on the property, banged aggressively on doors in the residential complex, left cooking items unattended causing smoke to emanate from his unit, and removed the batteries from the smoke detector in the rental unit.
Decision Summary
The tenancy was terminated effective February 5, 2021, the date the Tenant vacated the rental unit. The Tenant is ordered to pay the Landlords $186 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
798
Landlord Favorable
84.6%
Tenant Favorable
6.3%
Mutual Agreement
9.2%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlords)
Source
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