Last updated: July 22, 2024
Ordered by Nancy Morris,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$525
to Landlord
Agree with the ruling?
Citation: Spallacci Contracting Ltd. v Hohberger, 2022 CanLII 94588
File Number: SOL-20557-21
Hearing Date
Aug 2021
Order Date
Feb 8, 2022
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.
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.
The Landlord argued that the Tenant's actions substantially interfered with their right to maintain the property and other tenants' reasonable enjoyment.
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.
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.
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.
Repeated failure to prepare unit for pest control treatment, allowing pet to damage property
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Application Fee
$186
Damages
$339
Ordered Amount
$525 (to Landlord)
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