Martelli v Smith
Last updated: July 22, 2024
Order
Ordered by Ian Speers,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Martelli v Smith, 2022 CanLII 55199 (ON LTB)
File Number: HOL-10606-21
Timeline
Application Date
May 2021
Tenancy End Date
May 2021
Hearing Date
Dec 2021
Order Date
Jan 7, 2022
Decision
The Landlords are entitled to $9,199.68 in compensation for the reasonable costs of repairing the undue damage caused by the Tenants to the rental unit. The Tenants must also pay the $186 application fee.
Dispute
Landlords applied for an order to terminate the tenancy and evict Tenants due to undue damage to the rental unit. The Landlords claimed $9,920.68 in repair and replacement costs.
Determinations
- Damage to walls, carpeting, and hardwood flooring was undue and beyond normal wear and tear
- Landlord acted reasonably in obtaining professional repairs
- Landlord incurred $1,560.69 for wall repairs, $2,900 for carpet replacement, and $4,738.99 for hardwood floor replacement
- Landlord served valid N5 Notice
- No allowance for normal wear and tear given short tenancy in new unit
- Tenancy terminated on May 26, 2021 when Tenants vacated
Landlord's Arguments
Tenant's Arguments
Arguments
Tenant challenged the amount claimed, arguing he offered to complete the repairs himself which may have been less expensive.
Actions and Evidence
Tenants were the first occupants of the newly built rental unit. They did not substantively contest causing the damage.
Similar Cases
Click to switch between order outcomes
Tenant ordered to repair or pay $1,980 for elevator damage caused by former wife in Toronto
Roberge v Hall: Undue Damage Dispute in Bailieboro, ON K0L1B0
Sunder Group of Companies Ltd. v Patel
Landlord Wins Undue Damage Case: Sunder Group of Companies Ltd. v Patel
Rockport Holdings Limited v Bayramov
Scarborough tenants evicted for undue damage, owe $10,822 to landlord
Sunder Group of Companies Ltd. v Patel
Landlord Wins Undue Damage Case: Sunder Group of Companies Ltd. v Patel
Rockport Holdings Limited v Bayramov
Scarborough tenants evicted for undue damage, owe $10,822 to landlord
Landlord wins $1,038 claim for damaged door in Hamilton rental dispute
Mundy v S********** Hoover, McKenna
Landlord Wins Eviction Case for Tenant Damage - Mundy v Semczyszyn, Hoover, McKenna
Sunder Group of Companies Ltd. v Patel
Landlord Wins Undue Damage Case: Sunder Group of Companies Ltd. v Patel
Rockport Holdings Limited v Bayramov
Scarborough tenants evicted for undue damage, owe $10,822 to landlord
Landlord wins $1,038 claim for damaged door in Hamilton rental dispute
Mundy v S********** Hoover, McKenna
Landlord Wins Eviction Case for Tenant Damage - Mundy v Semczyszyn, Hoover, McKenna
Sunder Group of Companies Ltd. v Patel
Landlord Wins Undue Damage Case: Sunder Group of Companies Ltd. v Patel
Rockport Holdings Limited v Bayramov
Scarborough tenants evicted for undue damage, owe $10,822 to landlord
Landlord wins $1,038 claim for damaged door in Hamilton rental dispute
Mundy v S********** Hoover, McKenna
Landlord Wins Eviction Case for Tenant Damage - Mundy v Semczyszyn, Hoover, McKenna
Latest Insights from Our Blog
Stay informed with expert analysis on rental law, tenant rights, and LTB decisions
Heat and Essential Services: Legal Standards and Remedies for Tenant Safety
A comprehensive examination of landlord obligations regarding heat, water, electricity and other vital services in Ontario rental units, including legal standards, tenant remedies, and landmark LTB decisions.
The Maintenance Balance: Understanding Reasonable Expectations Between Landlords and Tenants in Ontario
Explore the delicate balance between landlord maintenance obligations and tenant expectations through real LTB cases, learning what constitutes reasonable requests versus unrealistic demands.
Tenant Abandonment in Ontario: Legal Standards, Landlord Obligations, and Remedies
An in-depth analysis of tenant abandonment cases reveals the strict legal standards landlords must meet, the evidence required to prove abandonment, and the substantial risks of wrongly assuming a tenant has left. Understanding these rules protects both landlords and tenants.
Need Legal Help? We've Got You Covered
Whether you need to find qualified legal professionals or post your specific legal needs to get competitive quotes, our platform connects you with the right help.
Find Legal Professionals
Browse our directory of verified paralegals and lawyers specializing in Ontario rental law and LTB matters.
Browse ProfessionalsPost Your Legal Needs
Describe your legal situation and receive competitive quotes from qualified professionals in our marketplace.
Post a BountyJoin thousands of Ontarians who have found legal help through our platform