Landlord Wins Damages and Eviction Case Against Tenant Who Damaged Property and Posed Safety Risk: Indwell v Anderson 2020
Landlord awarded $3910 in damages and compensation after tenant wilfully damaged property and compromised safety
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 373 Blossom Park Road, Woodstock, ON N4S7J3
Decision in favor of
landlord
Balance Owed to Landlord
$3,910
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Feb 2020
Order Date
Aug 26, 2020
Tenancy End Date
Sep 2020
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant or someone permitted by Tenant wilfully or negligently causing undue damage to the rental unit by breaking the thermostat, and seriously impairing the safety of other persons in the residential complex by repeatedly using the oven as a heat source.
Determinations
- Tenant or someone permitted by Tenant wilfully or negligently caused undue damage to the rental unit by breaking the thermostat
- Landlord incurred $223.74 to replace the thermostat
- Tenant's use of oven as heat source seriously impaired the safety of others
- Termination of tenancy is warranted
Case Study
The Landlord's witness testimony was found credible, and the Tenant's actions of breaking the thermostat and using the oven as a heat source were determined to be wilful and negligent, and to have seriously impaired the safety of others. Therefore, the tenancy was terminated.
Arguments and Actions
Tenant
Actions
Tenant broke thermostat and used oven as heat source, which was observed on multiple occasions and not corrected
Aggravating Factors
Tenant repeatedly used oven as heat source, which is unsafe and shows lack of care for other tenants
Decision Summary
The tenancy is terminated effective September 6, 2020. The Tenant must pay the Landlord $223.74 for the cost of replacing the damaged thermostat, $3,686.29 for compensation for use of the unit from December 29, 2019 to August 26, 2020, and $17.44 per day for compensation for use of the unit from August 27, 2020 until the Tenant vacates. The Tenant must also pay the $175 application fee.
Adjudicator Details
LTB Member
Total Orders
34
Landlord Favorable
88.2%
Tenant Favorable
2.9%
Mutual Agreement
8.8%
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Financial Details
Application Fee
$175
Rent Deposit
$531
Deposit Interest
$4
Damages
$224
Other Owed Amount
$3,686
Compensation for use of unit from 2019-12-29 to 2020-08-26
Total Owing
$3,910 (Owed to Landlord)
Source
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