Landlord Loses Eviction Case: Parkwood Apartments JV v Dogovic
Landlord's application to evict tenant over alleged elevator damage dismissed by LTB
Summarized by RentZenLast updated: July 26, 2024
Case Summary
605 Bloor Street, Mississauga, ON L4X1S1
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2021
Hearing Date
Aug 2021
Order Date
Nov 8, 2021
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to allegations that the Tenant wilfully caused damage to the residential complex elevator, resulting in it being out of operation for over a month, and that this substantially interfered with the reasonable enjoyment of the other tenants. The Landlord also alleged the Tenant committed an illegal act and seriously impaired the safety of others.
Determinations
- Residential complex is a 7-storey, 44-unit apartment building
- Elevator was out of service from March 4 to April 14, 2021
- Landlord alleged Tenant wilfully caused damage to elevator
- Landlord served N5, N6, and N7 notices
- Burden of proof is on Landlord to prove allegations
- Photographs did not conclusively show Tenant holding glue
- Testimony of police and technician not provided
- Tenant's letter proposing payment not an admission of guilt
- Circumstances weigh in favor of relief from eviction
Case Study
The Landlord failed to provide sufficient evidence to prove, on a balance of probabilities, that the Tenant wilfully caused damage to the elevator. The photographs submitted did not unequivocally show the Tenant holding glue, and the testimony of the police officers and elevator technician was not provided. The Tenant's letter proposing to pay for the repairs was not considered an admission of guilt. Overall, the circumstances weighed in favor of granting relief from eviction.
Arguments and Actions
Landlord
Arguments
Landlord argued the Tenant's letter proposing to pay for the repairs was an admission of guilt.
Actions
Landlord's superintendent testified about past confrontational interactions with the Tenant.
Tenant
Arguments
Tenant argued the Landlord's allegations were not proven on a balance of probabilities.
Actions
Tenant testified she was holding her keys, not glue, when entering the elevator on March 4, 2021.
Decision Summary
The Landlord's application is dismissed. The Landlord failed to provide sufficient evidence to prove the Tenant wilfully caused damage to the elevator, and the circumstances weighed in favor of granting relief from eviction.
Adjudicator Details
LTB Member
Total Orders
610
Landlord Favorable
84.3%
Tenant Favorable
8.7%
Mutual Agreement
7.0%
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Financial Details
Damages
$14,520
Source
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