Spallacci Contracting Ltd. v Hohberger: Pest Control Preparation and Property Damage Case
LTB Rules on Pest Control Preparation and Property Damage - Spallacci v Hohberger
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 260 King Street E, Hamilton, ON L8N1B7
Decision in favor of
landlord
Balance Owed to Landlord
$525
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Aug 2021
Order Date
Feb 8, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with reasonable enjoyment and lawful rights of the Landlord and other tenants. The Landlord claimed the Tenant repeatedly failed to prepare the rental unit for pest control treatment and caused damage to baseboards and drywall.
Determinations
- Repair cost of $339.00 is reasonable
- Tenant failed to prepare unit for pest control on multiple occasions
- Tenant's actions interfered with Landlord's maintenance obligations
- Tenant's pet caused damage to baseboards
Case Study
The Tenant's repeated failure to prepare the unit for pest control treatment constituted substantial interference with the Landlord's right to maintain the property and other tenants' reasonable enjoyment. The Tenant's admission of damage caused by her pet supported the Landlord's claim for repair costs.
Arguments and Actions
Landlord
Arguments
The Landlord argued that the Tenant's actions substantially interfered with their right to maintain the property and other tenants' reasonable enjoyment.
Actions
The Landlord provided detailed instructions and notices for pest control treatment. The Landlord's witnesses testified about the unit's state of clutter and unpreparedness on multiple occasions.
Tenant
Arguments
The Tenant claimed she could have repaired the baseboards for half the price the Landlord charged. She also argued that the global pandemic exacerbated her ability to prepare the unit for pest control.
Actions
The Tenant admitted that her puppy chewed and ripped off the baseboard. The Tenant failed to prepare her unit for pest control treatment on multiple occasions, citing having too many belongings as an excuse.
Aggravating Factors
Repeated failure to prepare unit for pest control treatment, allowing pet to damage property
Decision Summary
The Landlord's application was granted. The Tenant is ordered to properly prepare the unit for pest control treatment upon lawful notice. The Tenant must pay $339.00 for damages and $186.00 for the application fee. If the Tenant fails to comply with pest control preparation, the Landlord may apply for eviction without notice within 30 days of the breach.
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
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Financial Details
Application Fee
$186
Damages
$339
Total Owing
$525 (Owed to Landlord)
Source
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