Landlord's Undue Damage Claim Dismissed: Hillock Investments Inc. v Adamovich
Landlord's undue damage claim dismissed in Toronto case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 70 Hucknall Road, Toronto, ON M3J1V9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
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Timeline
Application Date
Sep 2020
Hearing Date
Nov 2021
Order Date
Jan 7, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant, another occupant, or someone permitted by the Tenant, wilfully or negligently causing undue damage to the premises and substantially interfering with the Landlord's lawful rights, privileges or interests. The Landlord served a voidable Notice of Termination on the Tenant on September 9, 2020 with a termination date of September 30, 2020.
Determinations
- Landlord did not request order for payment of damages in original L2 application
- Notice of Termination served on September 9, 2020 with termination date of September 30, 2020
- Tenant did not void notice by paying $5,000
- Tenant vacated rental unit on May 31, 2021
Case Study
The Tenant was permitted to void the notice by paying $5,000 to the Landlord, but did not do so. However, the Tenant vacated the rental unit on May 31, 2021, so the application for eviction is moot. The only remaining issue is the Landlord's request for damages, but the Landlord did not request an order for payment of damages in the original L2 application, so the Board has no jurisdiction to make an award for damages.
Decision Summary
The Landlord's application is dismissed. The Tenant vacated the rental unit on May 31, 2021, so the application for eviction is moot. The Board has no jurisdiction to make an award for damages as the Landlord did not request an order for payment of damages in the original L2 application.
Adjudicator Details
LTB Member
Total Orders
367
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.5%
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