Ricciuto v Tysick
Last updated: July 26, 2024
Order
Ordered by Dale Whitmore,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Ricciuto v Tysick, 2021 CanLII 93564 (ON LTB)
File Number: EAL-91683-20
Timeline
Application Date
Sep 2020
Tenancy End Date
Feb 2021
Hearing Date
Jun 2021
Order Date
Jun 15, 2021
Decision
The tenancy was terminated effective February 28, 2021 when the Landlord retook possession of the unit. The Tenant S.T. is ordered to pay the Landlord $8,801.00, which represents the rent owing to the end of the tenancy, compensation for damage to the premises, and the Landlord's filing fee. If S.T. does not pay the full amount owing by June 26, 2021, she will owe simple interest calculated from June 27, 2021 at 2.00% annually on the balance outstanding.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenants due to rent arrears, damage to the premises, substantial interference, serious impairment of safety, and illegal acts. The Landlord also applied for compensation for the rent arrears and damage.
Determinations
- Tenancy terminated on 2021-02-28 when Landlord retook possession
- Tenant S.T. is the only properly named Tenant
- Rent arrears of $8,000 from August 2020 to February 2021
- Landlord's claim for additional damage not allowed as not part of application
- Landlord awarded $50 for cigarette burns on furniture
- Landlord awarded $500 for destroyed flooring
- Landlord awarded $50 for other damaged items
Landlord's Arguments
Actions and Evidence
Landlord claims Tenant and guests smoked in the unit, causing smoke damage, and that the Tenant cut up and threw the Landlord's flooring into the driveway.
Tenant's Arguments
Actions and Evidence
Tenant S.T. and her guests may have vacated the unit in December 2020, but the exact date is unknown. The unit was found vacant when the Landlord inspected it on February 28 or March 1, 2021.
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