Last updated: July 22, 2024
Ordered by Jagger Benham,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$2,008
to Landlord
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Citation: Hussein v Haman, 2022 ONLTB 7824
File Number: LTB-L-007120-22
Hearing Date
Sep 2022
Order Date
Oct 7, 2022
The Landlord's application for eviction based on the N12 notice is dismissed. The Tenant is ordered to repay the Landlord the one month's rent compensation in the amount of $1,500.00 and the cost of the replacement stove of $508.50, for a total of $2,008.50.
Landlord applied for an order to terminate the tenancy and evict Tenant due to the Landlord requiring possession of the rental unit for the purpose of residential occupation. The Landlord also applied for an order requiring the Tenant to pay the Landlord's reasonable out-of-pocket costs to repair or replace undue damage to property caused wilfully or negligently by the Tenant.
Landlord testified that on December 28, 2021, the stove in the Tenant's unit was left on, which resulted in the entire top of the stove being damaged. Landlord replaced the stove at a cost of $508.50. Landlord also testified that the Fire Department was called and charged him $185.00 for the call-out.
Landlord's application to amend the termination date in the notice was improper
Tenant submitted that she was not responsible for the fire and that the Landlord's insurance should cover the cost.
Tenant testified that her kitchen was on fire when she got home and that she started throwing flour onto the stove. The smoke was too thick, and the fire alarm was set off. The Tenant testified that she did not call the Fire Department.
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Damages
$508
Other Amount
$1,500
one month's rent compensation
Ordered Amount
$2,008 (to Landlord)
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