Landlord Wins Damages and Utility Costs in St. Catharines Tenant Dispute: Stewart v Frazer 2024
Tenant ordered to pay $1686 for property damage and unpaid utilities in St. Catharines rental dispute
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 30 Division St, St Catharines, ON L2R3G2
Decision in favor of
landlord
Balance Owed to Landlord
$1,686
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2023
Tenancy End Date
May 2024
Hearing Date
May 2024
Order Date
Jul 12, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference, damage to the premises, and persistent late payment of rent. The Landlord also claimed compensation for unpaid utility costs and damage to property.
Determinations
- Tenant must pay Landlord $1,686.00
- Tenant was in possession of rental unit on application date
- Landlord and Tenant entered into consent agreement for tenancy termination effective May 1, 2024
- Tenant failed to pay heat costs required under tenancy agreement
- Person permitted by Tenant wilfully or negligently caused damage to rental unit
- Landlord incurred reasonable out-of-pocket costs of $1,500.00 to replace damaged window
- Landlord also entitled to $186.00 for application filing cost
Arguments and Actions
Landlord
Actions
On September 22, 2023, a friend of the Tenant's son threw a rock at the window, breaking it. The Landlord contacted Home Depot and received a verbal estimate of $1,500.00 to replace the window.
Tenant
Actions
Tenant's sons' friends frequently visit the rental unit and throw rocks at the windows to gain the attention of the Tenant's son.
Decision Summary
The Tenant is ordered to pay the Landlord $1,686.00, which includes $1,500.00 for the cost of replacing a damaged window and $186.00 for the application filing fee. If the Tenant does not pay the full amount by July 23, 2024, they will start owing interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
35
Landlord Favorable
85.7%
Tenant Favorable
14.3%
Mutual Agreement
0.0%
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Financial Details
Application Fee
$186
Damages
$1,500
Other Owed Amount
$1,872
Unpaid utility costs
Total Owing
$1,686 (Owed to Landlord)
Source
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