Landlord Wins Damages Case Against Tenant: Tambur v Hickey
Kitchener landlord awarded $1080 in damages from tenant, tenant ordered to vacate
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 249 Duke Street E, Kitchener, ON N2H1B2
Decision in favor of
landlord
Balance Owed to Landlord
$1,080
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jan 2022
Order Date
Mar 31, 2022
Tenancy End Date
Mar 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has wilfully or negligently caused undue damage to the premises. The Landlord has also applied for an order requiring the Tenant to compensate the Landlord for the damage. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Tenancy shall terminate effective March 31, 2022
- Last month's rent shall be applied to rent for March 2022
- If Tenant does not vacate by March 31, 2022, Landlord may file order with Court Enforcement Office (Sheriff) starting April 1, 2022
- Sheriff directed to give vacant possession of rental unit to Landlord on or after April 1, 2022 if Tenant does not vacate
- If Tenant does not vacate by termination date, Tenant shall owe $19.73 per day until tenancy is terminated
- Tenant shall pay Landlord $1080.00 in consideration of damages to the rental unit on or before March 31, 2022
- If Tenant does not pay full amount by March 31, 2022, Tenant will owe simple interest at 3.00% annually on any unpaid amounts starting April 1, 2022
Decision Summary
The tenancy shall terminate effective March 31, 2022. The Tenant shall pay the Landlord $1080.00 in consideration of damages to the rental unit on or before March 31, 2022. If the Tenant does not pay the full amount owing on or before March 31, 2022, she will start to owe interest on any unpaid amounts beginning April 1, 2022 at a rate of 3.00% annually.
Adjudicator Details
LTB Member
Total Orders
10
Landlord Favorable
60.0%
Tenant Favorable
0.0%
Mutual Agreement
40.0%
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Financial Details
Lawful Rent
$600
Damages
$1,080
Total Owing
$1,080 (Owed to Landlord)
Source
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